EE PRESS NOTICE HARYANA URBAN DEVELOPMENT...

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………………... …………. .………………………….. CONTRACTOR WITNESS EXECUTIVE ENGINEER

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PRESS NOTICE

HARYANA URBAN DEVELOPMENT AUTHORITY

On behalf of Haryana Urban Development Authority E-tenders on the website:

https://etenders.hry.nic.in are hereby invited for the works as mentioned below:-

Job No

Name of Work Approximate value of works (Rs.)

Bid Document Fee

EMD (Rs.) Tender to be opened on

Time limit for completion of wok

244 Construction of internal roads in Sector-9-P, Dadri. “Supply & laying of earth granular sub base, stone metal upto WBM 50mm thick B.M on master road with 20mm thick premix carpet by mechanical paver, providing & fixing of cement concrete kerb & channel along road and all other works contingent thereto”. (Including three years mtc free of cost)

Rs 476.70 Lacs

Rs 3000/- Rs. 953400/- 12.09.2012 at 10:00 AM to 05:00 PM

12 Months

For other details, terms & conditions please visit website https://etenders.hry.nic.in

For & On behalf of HUDA

Executive Engineer, HUDA Division ___,

_________

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DETAIL NOTICE INVITING E-TENDERS

SINGLE PERCENTAGE / ITEM RATE ONLINE TENDER

On behalf of Haryana Urban Development Authority Online E-Tenders on the website:

https://etenders.hry.nic.in are hereby invited from the eligible contractors/firms enlisted in appropriate

class/category on the approved list of HUDA, PWD B&R, PHED, MES, CPWD & other Govt. Department and

undertaking of central & State Govt. for the works as mentioned below:-

S.N.

Name of Work Approximate value of works (Rs.)

Bid Document Fee

EMD (Rs.) Tender to be opened on

Time limit for completion of wok

Construction of internal roads in Sector-9-P, Dadri. “Supply & laying of earth granular sub base, stone metal upto WBM 50mm thick B.M on master road with 20mm thick premix carpet by mechanical paver, providing & fixing of cement concrete kerb & channel along road and all other works contingent thereto”. (Including three years mtc free of cost)

Rs 476.70 Lacs

Rs 3000/- Rs. 953400/- 12.09.2012 at 10:00 AM to 05:00 PM

12 Months

1. Eligibility Criterion

The minimum eligibility criteria for pre qualification to be fulfilled by the applicants are given as here under: -

04 The firms / contractors during the last seven year must have satisfactorily / successfully completed at least one work of similar nature and magnitude not less than 80%, 50% each in case of two similar nature works and 40% each in case of three works in any Department of Govt./ Semi Govt. / Govt. Corporations / Boards etc.

ii) The applicant shall produce performance certificate duly issued & signed by the officer not below the rank of Executive Engineer / similar ranked officer of the client department.

iii) Annual average turnover of the agency during the last 3 years (period ending 31.03.2012) should not be less than 80% of total cost of DNIT.

iv) The Net worth of bidder shall not be less than 20% of total cost of DNIT and should be certified by the Charted Accountant / Company Secretary.

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i) Key Dates:

Sr. No. Description Start Date and Time

Expiry Date and Time

1 Publication of Tender

21.08.2012 at 09:00 AM

21.08.212 at 05:00 PM

2 Download Tender Document & Online Bid Submission

21.08.2012 at 05:01 PM

05.09.2012 at 10:00 AM

04 Bid Opening Date 10.09.2012 at 10:00 AM

10.09.2012 at 05:00 PM

3. Bid documents can be downloaded online from the portal https://etenders.hry.nic.in by the Agencies/

Contractor/ L&C (Socities) registered on the Portal. The bids to be submitted online are required to be digitally signed, the bidders are therefore advised to obtain Digital Signature at the earliest. For further details, terms and conditions please visit the website https://etenders.hry.nic.in.

4. The details of the Bid Document Cost / EMD are required to be uploaded at the time of Online Submission, the Bidders are therefore required to keep the scanned copies of prequalification and other documents of the above mentioned documents ready.

5. The tender shall be submitted on line by the tenderer in the following three separate covers online:-

a. Fee: Scanned copy of Bid Document Cost / EMD. b. Prequal /Technical: The cover shall contain scanned copies of the prequalification

documents, technical parameter / technical bid. c. Financial: This cover contains contract schedule of rates (BOQ) to be

submitted online by the bidder. Note 1: Mannual Submission of Documents - Online Bidders will also required to physically

submit the Bid Document cost / EMD and other document related to prequalification, technical parameter / Technical bid etc.

Above envelopes (as applicable) shall be kept in a bigger outer envelopes, which shall be sealed and submitted in the office of the Senior Accounts Officer O/o Administrator, HUDA, C-3, Sector-6, Panchkula.

Note 2: The Executive Engineer has the right to verify the authentication of the documents submitted by the bidder online as well as physically.

Note 3:- The price bids are to be submitted mandatory online.

6. Opening of Bid:- In the first instance, the cover of all the Bidders containing the Bid Document Cost / EMD shall be opened online as well as physically. If the Bid Document Cost / EMD is found proper and in order then the cover containing prequalification / Technical Bid shall be opened. The Financial cover shall be opened only of those tenderers who meet the Pre-Qualification / Technical Bid criteria as per these Bid documents. The date of opening of Financial Bid shall be fixed after the opening of Prequalification / Technical Bid.

7. The contractual agencies should submit their tender documents (Online and physical) strictly.

8. In case bid is submitted by a bidder online and technical bid, earnest money deposit or other documents as required as per the bid documents, are not submitted in physical form then the bid of the bidder would be rejected.

9. In case, the day of opening of tenders happens to be holiday, the tenders will be opened on the next working day. The time and place of receipt of tenders and other conditions will remain unchanged.

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10. The societies shall produce an attested copy of the resolution of the Co-Operative department for submission of online bids in the e-tendering system.

11. The tender of the bidder who does not satisfy the qualification criteria in the bid documents are liable to be rejected summarily without assigning any reason and no claim whatsoever on this account will be considered.

12. If any tenderer, modifies or withdraws his tender subsequent to submitting it to the Executive Engineer, HUDA, while on one hand he is liable to be blacklisted, on the other hand his earnest money shall be forfeited without prejudice to other rights and remedies available to the Executive Engineer.

13. The rates of the contractors shall remain open for a period of 90 days from the date of opening of the price bids and if a contractor submits a tender limiting the period of validity to a date earlier, then he shall be liable to be blacklisted and his earnest money shall stand forfeited without prejudice to other rights and remedies available to the Executive Engineer.

14. The contractor whose tender is accepted will be required to execute a contract deed in the prescribed form and will be required to furnish 5% security for the due fulfillment of this contract or alternatively at the discretion of the Engineer-in-charge it will be deducted from the running payments to be made on account of work done. (The earnest money will be treated as part of security).

15. The approval of the acceptance of tender will rest with the concerned competent authority who does not bind himself to accept the lowest tender and reserves to himself the authority to reject any or all of tenders received without assigning any reason.

16. No conditional tender should be given. A conditional tender is liable to be rejected out rightly at the discretion of the accepting authority. In the alternative the accepting authority may treat the conditions as null and void and make a counter offer to the tenderer to do the work at the premium or rebate/rates quoted by him without conditions. If the tenderer refuses to accept the said counter offer to do the work at the premium or rebate/rates quoted by him without the condition within one week of the counter offer having been made by the accepting authority, his earnest money shall stand forfeited and the tenderer shall have no claim to the same whatsoever.

17. The successful tenderer shall have to sign an affidavit to the effect that he has no relation or connection with firm/contractor blacklisted by HUDA/Haryana Govt./Govt. of India, from time to time as per the form of affidavit attached with these bid documents.

18. The earnest money deposited for the tender will not be returned to the contractor’s/firm’s till the acceptance of tender or three months, whichever is earlier.

19. Sales / works Tax, Income Tax, Labour cess or any other tax will be deducted from the bills of contractor as per the instructions of the Govt.

Section Officer Dy. Supdt Executive Engineer

HUDA, Divn. I HUDA, Div. I HUDA Div. No. I Panchkula Panchkula Panchkula

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SECTION-1 CONDITIONS OF E-TENDERING

Instruction to Contractor for E-Tendering

These conditions will over-rule the conditions stated in the tender documents, wherever relevant and applicable.

1. Registration of contractors on E-tendering Portal:-

All the Contractors intending to participate in the tenders processed online, are required to get registered on the Electronic Tendering System on the Portal https://etenders.hry.nic.in

2. Obtaining a Digital Certificate:

2.1 The Bids submitted online are required to be signed electronically with a Digital Certificate to establish the identity of the bidder online. These Digital Certificates are issued by an Approved Certifying Authority, by the Controller of Certifying Authorities, Government of India. One such agency is M/s (n)Code Solutions may be contacted on the following addresses:-

a) E-tendering Cell, Additional CE Office, Sec-40, M-Block, South City-I,

Gurgaon Contact no. :-+91-9560487000

Email ID: [email protected] , [email protected]

2. HUDA Complaint Center Water Works, Sec-8 Panchkula Contact No. 0172-4020358 Email ID: [email protected]

c) M/s (n) Code Solutions, A Division of GNFC Ltd. SCO 1032-33, 2nd Floor, Sector-22-B, Chandigarh. Contact No. 0172-2707732

2.2 In case of online tendering, if the digital certificate issued to the authorized user of a firm is used for signing and submitting a bid, it will be considered equivalent to a no-objection certificate/power of attorney /lawful authorization to that User. The firm has to authorize a specific individual through an authorization certificate signed by all partners to use the digital certificate as per Indian Information Technology Act 2000. Unless the certificates are revoked, it will be assumed to represent adequate authority of the user to bid on behalf of the firm in HUDA tenders as per Information Technology Act 2000. The digital signature of this authorized user will be binding on the firm.

2.3 In case of any change in the authorization, it shall be the responsibility of management / partners of the firm to inform the certifying authority about the change and to obtain the digital signatures of the new person / user on behalf of the firm / company. The procedure for application of a digital certificate however will remain the same for the new user.

2.4 The same procedure holds true for the authorized users in a private/Public limited company or L&C Society. In this case, the authorization certificate will have to be signed by the directors of the company.

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3 Set up of machine:

In order to operate on the electronic tender management system, the user’s machine is required to be set up. A help file on setting up of the system can be downloaded from the home page of the website - https://etenders.hry.nic.in

4 Online Viewing of Detailed Notice Inviting Tenders:

The contractors can view the detailed N.I.T and the time schedule (Key Dates) for all the tenders floated through the electronic tendering system on the HUDA’s e-tenders website https://etenders.hry.nic.in

5 Download of Tender Documents:

The tender documents can be downloaded by the registered user from the Electronic Tendering System through the Portal https://etenders.hry.nic.in

6 Key Dates:

The contractors are strictly advised to follow dates and times as indicated in the Notice Inviting Tenders. The date and time will be binding on all contractors. All online activities are time tracked and the system enforces time locks that ensure that no activity or transaction can take place outside the start and end dates and the time of the stage as defined in the Notice Inviting Tenders.

7 Bid Preparation (Technical & Financial) and Submission of Bids online:-

Note 1: Mannual Submission of Documents - Online Bidders will also required to physically submit the Bid Document cost / EMD and other document related to prequalification, technical parameter / Technical bid etc.

Above envelopes (as applicable) shall be kept in a bigger outer envelopes, which shall be sealed and submitted in the office of the Senior Accounts Officer O/o Administrator, HUDA, C-3, Sector-6, Panchkula.

Note 2: The Executive Engineer has the right to verify the authentication of the documents submitted by the bidder online as well as physically.

Note 3:- The price bids are to be submitted mandatory online.

8 Submission of actual online bids:

Contactors have to submit their bids online and upload the relevant documents. The process is required to be completed within the date and time as stated in the Notice Inviting Tenders (Key Dates). The electronic bids of only those contactors who have submitted their bid within the stipulated time, as per the tender time schedule (Key Dates), will be accepted by the system. A contractor who does not submit his bid within the stipulated time will not be allowed to submit his bid by the E-Tendering System.

Note:- Bidders participating in e-tendering shall check the validity of his/her Digital Signature Certificate before bidding in the Tenders floated online at e-tendering website https://etenders.hry.nic.in

Executive Engineer, HUDA Division No.__ _______________

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SECTION-1

CONDITIONS OF E-TENDERING

Instruction to Contractor on Electronic Tendering

These conditions will over-rule the conditions stated in the tender documents, wherever relevant

and applicable.

3. Registration of contractors on E-tendering Portal:-

All the Contractors intending to participate in the tenders processed online, are required to get registered on the Electronic Tendering System on the Portal http://huda.etenders.in. For more details, please see the information on the Registration info link on the home page.

4. Obtaining a Digital Certificate:

2.1 The Bids submitted online should be encrypted and signed electronically with a Digital Certificate to establish the identity of the bidder bidding online. These Digital Certificates are issued by an Approved Certifying Authority, by the Controller of Certifying Authorities, Government of India.

2.2 A Digital Certificate is issued upon receipt of mandatory identity (i.e. Applicant’s PAN Card) and Address proofs and verification form duly attested by the Notary Public / Charted Account / Any Gazatted Officer whose stamp carrying emblem of Ashoka. Only upon the receipt of the required documents, a digital certificate can be issued.

2.3 The contractors may obtain Class-II digital certificate from any Certifying Authority or Sub-certifying Authority authorized by the Controller of Certifying Authorities or may obtain information and application format and documents required for the issue of digital certificate from:

M/s NexTenders (India) Pvt. Ltd. YUCHIT, Juhu Tara Road, Mumbai – 400049 Email: [email protected] or

M/s NexTenders (India) Pvt. Ltd. HSRDC Building, Bays No. 13-14, Sec-2, Panchkula-134151 Contact No.: +919815034028 / +919878012160 E – Mail ID – [email protected]

2.4 Bid for a particular tender may be submitted online using the digital certificate, which is used to encrypt the data and sign the hash during the stage of bid preparation & hash submission. In case, during the process of a particular tender, the user looses his digital certificate (be it due to virus attack, hardware problem, operating system or any other problem) he will not be able to submit the bid online. Hence, the users are advised to keep a back up of the certificate and also keep the copies at safe place under proper security (for it’s use in case of emergencies).

2.5 In case of online tendering, if the digital certificate issued to the authorized user of a firm is used for signing and submitting a bid, it will be considered equivalent to a no-objection certificate/power of attorney /lawful authorization to that User. The firm has to authorize a specific individual through an authorization certificate signed by all partners to use the digital certificate as per Indian Information Technology Act 2000. Unless the certificates are revoked,

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it will be assumed to represent adequate authority of the user to bid on behalf of the firm in HUDA tenders as per Information Technology Act 2000. The digital signature of this authorized user will be binding on the firm.

2.6 In case of any change in the authorization, it shall be the responsibility of management / partners of the firm to inform the certifying authority about the change and to obtain the digital signatures of the new person / user on behalf of the firm / company. The procedure for application of a digital certificate however will remain the same for the new user.

2.7 The same procedure holds true for the authorized users in a private/Public limited company. In this case, the authorization certificate will have to be signed by the directors of the company.

3 Opening of an Electronic Payment Account:

For purchasing the tender documents online, contractors are required to pay the tender documents fees online using the electronic payments gateway service. For online payments, please refer to the Home page of the e-tendering Portal http://huda.etenders.in

4 Set up of machine:

In order to operate on the electronic tender management system, the user’s machine is required to be set up. A help file on setting up of the system can be obtained from M/s Nextenders (India) Pvt. Ltd. or can be downloaded from the home page of the website - http://huda.etenders.in.

5 Online Viewing of Detailed Notice Inviting Tenders:

The contractors can view the detailed N.I.T and the time schedule (Key Dates) for all the tenders floated through the electronic tendering system on the HUDA’s e-tenders website http://huda.etenders.in

6 Download of Tender Documents:

The tender documents can be downloaded from the Electronic Tendering System through the Portal http://huda.etenders.in

7 Key Dates:

The contractors are strictly advised to follow dates and times as indicated in the Notice Inviting Tenders. The date and time will be binding on all contractors. All online activities are time tracked and the system enforces time locks that ensure that no activity or transaction can take place outside the start and end dates and the time of the stage as defined in the Notice Inviting Tenders.

8 Bid Preparation (Technical & Financial) Online Payment of Tender Document Fee and Submission of Bid Seal (Hash) of online Bids:

8.1 The Payment can be made by eligible / contractors online directly through Credit Cards / Internet Banking Accounts / Cash Cards. The contractors have to pay the cost of the tender documents online by making online payment of tender document fees using the service of the secure electronic payment gateway. The secure electronic payments gateway is an online interface between contractors and credit card / online payment authorization networks.

8.2 Submission of bids will be preceded by submission of the digitally signed bid seal (Hash) as stated in the time schedule (Key Dates) of the Tender.

9 Generation of Super Hash:

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After the submission of Bids (Hash) by the Contractors, the bidding round will be closed and a digitally signed Super Hash will be generated by the authorized HUDA officers. This is equivalent to sealing the tender box.

10 Submission of actual online bids:

Contactors have to submit their encrypted bids online and upload the relevant documents for which they generated the hash at the stage of hash generation & submission after the generation of Super Hash. The process is required to be completed within the date and time as stated in the Notice Inviting Tenders (Key Dates). The electronic bids of only those contactors who have submitted their bid seals (Hashes) within the stipulated time, as per the tender time schedule (Key Dates), will be accepted by the system. A contractor who does not submit his bid seal (Hash) within the stipulated time will not be allowed to submit his bid.

Note:- Bidders participating in e-tendering shall check the validity of his/her Digital Signature Certificate before bidding in the Tenders floated online at e-tendering portal of HUDA’s website http://huda.etenders.in.

Executive Engineer, Haryana Urban Dev. Authority. Division No. I, Hisar.

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CONDITIONS OF CONTRACT

Clause-1 Security deposit. This will be the same percentage as that in the tender at (d) of Pre-page:

The person/persons whose tender may be accepted (hereinafter called contractor) shall deposit

an amount equal to five percent of the estimated cost of the work with the Executive Engineer

(Earnest money shall be accounted as per memorandum) within 10 days of the acceptance of

the tender by way of security deposit in case of default, the earnest money already lying with

Executive Engineer shall stand absolutely forfeited to” the Haryana Urban Development

Authority or its successor in office and the contract shall stand terminated or in the alternative,

at the discretion of the Engineer-in-charge, the contractor may be required to permit Haryana

Urban Development Authority at the time of making any payment to him for work done under

the contract to deduct such sum as well (with the earnest money deposited by him) amount to

5% of all moneys so payable, such deductions to be held by Haryana Urban Development

Authority by way of security deposit. All compensation or other sums of money payable by the

contractor to Haryana Urban Development Authority under the terms of this contract may be

deducted from his security deposit or from any sums which may be due or may become due to

the contractor by Haryana Urban Development Authority on any account whatsoever and in the

event of his security deposit being deducted by reason of any deduction, the contractor shall

within 10 days thereafter make good in cash as aforesaid any sum which may have been

deducted from his security deposit or any part thereof.

Clause-2 Compensation of Delay : The time allowed for carrying out the work as entered in the tender shall be strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall through out the stipulated period of the contract be proceeded with all due diligence (time being deemed to be the essence of the contract on the part of the contractor) and the contractor shall pay as compensation an amount equal to one percent which the Executive Engineer-in-Charge may levy on the estimated cost of the whole work as shown by the tender for everyday that the work remains un-commenced or unfinished, after the proper dates. And further to ensure good progress during the execution of the work the contractor shall be bound in all such cases in which the time allowed for any work exceeds one month to, complete one fourth of the whole of the work before one fourth of the whole of time allowed under the contract has elapsed, one half of the work before one half of such time has elapsed and three-fourth of the work before three fourth such time has elapsed. In the event of the contractor failing to comply with this condition, he shall be liable to pay as compensation, an amount equal to one percent which the Executive-Engineer-in -Charge may levy on the said estimated cost of the whole work for everyday that the due quantity of work remains incomplete. Provided always that the entire amount of compensation to be paid” under the provisions of this clause shall not exceed ten percent of the estimated cost of work as shown in the tender. The Superintending Engineer HUDA Circle, Hisar may on representation from the contractor, reduce the amount of compensation and his decision, in writing shall be final.

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Clause-3 Action when whole of security deposit is forfeited: In any case in which under any clause in the contract, the contractor shall have rendered himself liable to pay any compensation to the Executive Engineer on behalf of the Haryana Urban Development Authority shall have power to adopt any of the following courses, as he may deem best suited in the interest of Haryana Urban Development Authority:-

(a) To rescind the contract of which rescission notice in writing to the contractor under the hand of the Executive Engineer shall be conclusive evidence and in such case the security deposit of the contractor shall stand forfeited and belong absolutely to the Haryana Urban Development Authority.

(b) To employ labour paid by the Haryana Urban Development Authority to supply material to carry out the work or any part of the work debiting the contractor with the cost of the labour and the price of the materials (for the amount a certificate of the Executive Engineer shall be final and conclusive, against the contractor) and crediting him with the value of the work done in all respects in the same manner and at the same rate as if it had been carried out by the contractor under the terms of his contract. The certificate of Executive Engineer as to the value of the work done shall be final and conclusive against contractor.

(c) To measure up the work of the contractor, and to take such part there of as shall be unexecuted out of his hands and to gives it to another contractor to complete, in which case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor of the whole work has been executed by him (for the amount the certificate in writing of the Executive Engineer shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him by Haryana Urban Development Authority under the contract or otherwise or from his security deposit.

In the event of any of the above courses adopted by the Executive Engineer, the contractor shall have no claim for the compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any engagement or made any advance on account or with a view to the execution of the work or the performance of the contract and in case the contract shall be rescinded under the provision aforesaid the contractor shall not be entitled to recover or be paid any sum for any work thereof, actually performed under this contract unless and until the Executive Engineer have certified, in writing, the performance of such work and the value payable in respect, thereof, and he shall only be entitled to be paid the value so certified.

Clause- 4 Contractor remains liable to pay compensation if action not taken under clause 3: In any case in which any of the powers conferred upon the Executive Engineer by clause 3 hereof shall have become exercisable and the same shall not exercised the non-exercise there of shall not constitute a waiver of any of the condition thereof and such powers shall not withstanding be exercisable in the event of any future case of default by the contractor for which by any clauses thereof he is declared liable to pay compensation amounting to the whole of his security deposit and the liability of contractor, for past and future compensation shall remain unaffected.

Power to take possession or require removal or sell contractor's plant: In the event of the Executive Engineer putting in force either of the power (a) or (c) vested in him under the proceeding clause he may, if he so desire to take possession of all or any tools, plant, materials and stores in or upon the works, or at the site thereof or belonging to the contractor or procured by him and intended to be used for execution of the work or any part thereof paying or allowing for the same on account at the contract rates, in case of these not being applicable at current market rates to be certified by the Executive Engineer where certificate thereof shall be final, otherwise the Executive Engineer may by notice, in writing, to the contractor or his clerk of the work, foreman or other authorized agent require him to remove such tools, plants, materials or stores from the premises within a time to be specified in such notice and in the event of the contractor failing to comply with any such requisition, the Executive Engineer may remove them at the contractor’s expense or sell them by auction or private sale, on account of the contractor and at his risk in all respect and the certificate of the Executive Engineer to the

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expenses for such removal and the amount of the proceeds and expenses, if any, shall be final and conclusive against the contractor.

Clause- 5 Extension of time: If the contractor desire an extension of the time for completion of the work on the ground of his having been unavoidably hindered in its execution or on any other ground, he shall apply, in writing, to the Executive Engineer within 30 days of the date of the hindrance but before the expiry of the contractual period on account of which he desires such extension as aforesaid and the competent authority shall, if in his opinion (which shall be final reasonable ground) be shown therefore authorize such extension of time if any so may in his opinion be necessary or proper.

Clause-5(a) Contractor to submit a return every month on any work claimed as extra: The contractor shall deliver in the office of the Executive Engineer on or before 10th day of every month during the continuance of the work covered by this contract a return showing details of any work claimed for as extra and such return shall contain the value of such work as claimed by the contractor, which value shall be based upon the prices in the contract or in Schedule of rates inforce in the District for the time being. The contractor shall include in such monthly return particulars of all claims of whatsoever kind. However arising which at the date thereof, he has or may claim to have against the Executive Engineer under or in respect of or in any manner, arising out of the execution of work and the contractor shall be deemed to have waived all claims not included in such return and will have no right to enforce any such claim not so included whatsoever be the circumstances.

Clause-6 Without prejudice to the right of Haryana Urban Development Authority, under any clause hereinafter contained on completion of the work, the contractor shall be furnished with the certificate by the Executive Engineer (hereinafter called the Engineer-in-charge) of such completion, but no such certificate shall be given nor work shall be considered to be completed until the contractor shall have removed from the premises on which the work shall be executed all scaffolding, surplus materials and rubbish and clean off dirt from all wood works, floor, other parts of any building in, upon or around which the work is to be executed, or part of which he had in possession for the purpose of the execution thereof and the measurements in the said certificate shall be binding and conclusive against the contractor. If the contractor shall fail to comply with the requirements of this clause as to removal of scaffolding surplus materials and rubbish and cleaning of dirt on or before the date fixed for the completion of the work, the Engineer-in-charge at the expense of the contractor shall remove such scaffolding, surplus materials and rubbish and dispose of the same as he may think fit and clean off such dirt as aforesaid and the contractor shall pay the amount of all expenses so incurred and shall have no claim in respect of any such scaffolding or such surplus materials as aforesaid except for any sum actually realized on account of sales, thereof.

Clause-7 Payments on intermediate certificates to be regarded as advances: No payment shall be made for works estimated to cost less than Rs. One thousand, till the whole of the works shall have been completed and the certificate of completion given. But in the case of work estimated to cost more than Rs. One thousand the contractor not submitting the bill thereof, be entitled to receive a monthly payment proportionate to the part thereof as approved and passed by Engineer-in-charge, whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor. But all such intermediate payment shall be regarded as payments by way of advances against the final payment only and not as payments for the works actually done and completed and shall not preclude the requiring of bad, unsound and imperfect or unskilled work to be removed and taken away and reconstructed, or re-erected or be considered as an admission of due performance of the contract or any part thereof in any respect or the accruing of any claim. Nor shall it conclude, determine or effect in any way the powers of the Engineer-in-charge under these terms and conditions or any of them as far the final settlement and adjustments of the accounts or otherwise or in any other way vary or effect the contract. The final bill shall be submitted by the contractor within one month of the date fixed for completion of the work, otherwise the Engineer-in-charge’s certificate of the measurements and the total amount payable for work, accordingly, shall be final and binding on all parties. The amount, payable, however, shall be determined after pre-audit of the bill by the accounts Departments authorities within fifteen days of the presentation of the bill by the Engineer-in-charge to Accounts Department, otherwise the amount already determined by the

District rate mean the Haryana PWD Building and Road Branch rates for that District

Final Certificate

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Engineer-in-charge shall become binding on both parties. Both the Engineer-in-charge and the Accounts Department shall inform the contractors by registered post about the facts of the movement of the final bill and the amount thereof.

Clause-7 (a) The deduction referred to in Clause-I herein before or such part thereof as may be due to contractor under this contract shall be payable to contractor after maintenance defect liability period of one year has lapsed after the payment of final bill.

Clause-8 Bills to be submitted monthly: A bill shall be submitted by the contractor each month on or

before the date fixed by the Engineer-in-charge for all work executed in the previous month and

the Engineer-in-charge shall take the requisite measurement for the purpose of having the same

verified and the claim, as far as admissible, adjusted if possible, before the expiry of ten days

from the presentation of the bill. If the contractor do not submit the bill within the time fixed as

aforesaid, the Engineer-in-charge may depute a subordinate to measure up the said work in the

presence of the contractor whose counter signature to the measurement list will be sufficient

and the Engineer-in-charge may prepare, a bill from such list which shall be binding on the

contractor in all respect.

Clause-9 Bills to be on printed forms: The contractors shall submit all bills, in triplicate, on printed

forms to be had on application from the office of the Engineer-in-charge and the charge in the

bill shall always be entered at the rates specified in the tender or in the case of any extra works

ordered in pursuance of these conditions and not mentioned or provided for in the tender at the

rate hereinafter provided for such work.

Clause -10 If the specification of estimate of the work provides for the use of any special description of

materials to be supplied from Engineer-in-charge’s store or if it is required that contractor shall

use certain store to be provided by the Engineer-in-charge (such materials and stores and the

prices to be charged thereof as hereinafter mentioned being so far as practicable for the

convenience of the contractor, but not so in any way to control the meaning for effect of this

contract specified in the schedule or memorandum hereto annexed) the contractor shall be

supplied with such materials and stores required from time to time to be used by him for the

purpose of the contract only and the value of the full quantity of the materials and stores so

supplied at the rates specified in the said schedule of memorandum may be set off or deducted

from any sums due or thereafter to become due, to the contractor under the contract or

otherwise against or from the security deposit. Materials supplied to the contractor shall remain

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the property of the HUDA and shall be kept in safe custody of contractor but shall not on any

account be removed from the site of the work without the written permission of the Engineer-

in-charge & shall all times be opened for inspection by him. Any such materials unused and in

perfectly good condition at the time of the completion of the contract shall be returned to the

Engineer-in-charge’s store if by a notice, in writing, under his hand he shall so require, but the

contractor shall not be entitled to return any such materials without such consent and shall have

no claims for compensation on account of any such materials to be supplied to him as aforesaid

being unused by him, or any wastage in or damage to any such materials.

Clause –11 Works to be executed in accordance with specifications drawing orders etc: The contractor

shall execute the whole and every part of the work in most substantial and workmen like

manner, both as regards to materials and otherwise in every respect in strict accordance with

Haryana P.W.D. specification latest edition / specifications as may be specifically provided for.

The contractor shall also confirm exactly, fully and faithfully to the designs, drawing and

instructions in writing relating to the work (signed by the Engineer -in-charge) and lodged in

the office and to which the contractor shall be entitled to have access at his office or at the site

of the work. For the purpose of inspection during office hours, the contractors shall if he so

requires, be entitled at his own expenses to make or cause to be made copies of the

specifications and of all such designs and instruction as aforesaid.

Clause-11A Removal of employee workman and foreman: The Engineer-in-charge shall have full powers

at all time to object to the employment of any workman, Foreman or other employees on the

works by the contractor and if the contractor shall receive notice in writing from the Engineer-

in-charge requesting the removal of such workman from the work, the contractor shall comply

with the request forth with.

No such workman, foreman or other employees after his removal from the works by

orders of the Engineer-in-charge shall be re-employed or engaged on the works by the

contractor at any time, except with the prior approval, in writing, from the Engineer-in-charge.

The contractor shall not be entitled to demand the reason from the Engineer-in-charge,

requiring the removal of any such workman or other employees.

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Clause –12 Alterations in specifications and designs: The Engineer-in-charge shall have power to make

any alteration or omission or additions from the original specifications, drawings designs, and

instructions that may appear to him to be necessary or advisable during the progress of the

work and the contractor shall be bound to carry out the work in accordance with the

instructions given to him, in writing, duly signed by the Engineer-in-charge and such alterations

omissions, additions or substitutions shall not invalidate the contract & any altered, additional

or substituted work which the contractor may be directed to do in the manner above specified

as part of the work shall be carried out by the contractor on the same rates, terms & conditions

on which he agreed to do the main work. The time for the completion of the works shall be

extended in the proportion that the altered, additional or substituted works bears to the original

contract work and certificate of the Engineer-in-charge shall be conclusive as to such

proportion. If the altered, additional or substituted work includes any class of work for which

no rate is specified in this contract, then such class of work shall be carried out at the rate

entered in the Haryana schedule of rates, subject to the same percentage above or below for

items and if such class or work is not entered in the Haryana PWD Schedule of rates, then the

contractor shall within seven days of the date of his receipt of the order to carry out the work,

inform the Engineer-in-charge of the rate, which it is his intention to charge for such class of

work. If Engineer-in-charge does not agree to his rate, he shall by notice, in writing, be at

liberty to cancel his order to carry out such class of work and arrange to carry it out in such

manner as he may consider advisable, provided always that the contractor shall commence the

work or incur any expenditure in regard thereto before the rates shall have been determined

herein before mentioned and in such case he shall be entitled to be paid in respect of the work

carried out or expenditure incurred by him prior to the date of the determination of the rates as

aforesaid according to such rate or rates as shall be fixed by the Engineer-in-charge. In the

event of a dispute, the decision of the respective Superintending Engineer, HUDA shall be

final.

Clause 13 No compensation for alternation in or restriction of work to be carried out: If at any time,

after the commencement of the work, the Haryana Urban Development Authority shall for any

reason whatsoever not require the whole work thereof as specified in the tender to be carried

out, the Engineer-in-charge shall give notice, in writing, of the fact to the contractors who shall

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have no claim to any payment or compensation, whatsoever on account of any profit or

advantage which he might have derived from execution of the work in full which he did not

drive in consequence of the full amount of the work not having been carried out, neither shall

have any claim for compensation by reason of any alteration having been made in the original

specification, drawing, designs and instructions which shall involve any curtailment of the

work originally contemplated.

Clause 14 Action and compensation payable in case of bad work: If it shall appear to the Engineer-in-

charge or his subordinate-in-charge of the work, that any work has been executed with

unsound, imperfect or unskillful workmanship or with material of any inferior description or

that any material or article provided by him for the execution of the work are unsound or of a

quality inferior to the contract or otherwise not in accordance with the contract, the contractor

shall on demand, in writing, from the Engineer-in-charge specifying the work, materials or

articles complained or not withstanding that the same may have been inadvertently passed,

certified and paid for the forthwith rectify or removed and reconstruct the work so specified in

whole or in part as the case may require or as the case may be, remove the materials or articles

so specified and provide other proper and suitable materials or article at his own charge and

cost. In the event of its failing to do so within a period to be specified by the Engineer-in-

charge in his demand aforesaid then the contractor shall be liable to pay compensation at the

rate of one percent on the amount of estimate of everyday not exceeding ten days, while his

failure to do so shall continue and in case of any such failure the Engineer-in-charge may

rectify or remove and re-execute the work or remove and replace with other materials or

articles complained of, as the case may be, at the risk and expense of the contractor.

Clause 15 Work to be open to inspections, contractor or his responsible agent to be present: All

works under or in course of execution or executed in pursuance of the contract shall at all times

be open to the inspection and supervision of the Engineer-in-charge and his subordinates and

the contractor shall at all times, during the usual working hours and at all other time with

reasonable notice of the inspection of the Engineer-in-charge or his subordinates to visit the

work shall have been given to the contractor either himself be present to receive orders and

instruction, or have a responsible agent duly authorized, in writing, present for that purpose.

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Orders given to the contractor’s agent shall considered to have the same force as they had been

given to the contractor himself.

Clause 16 Notice to be given before work is covered up: The contractor shall give not less then five

days notice in writing to the Engineer-in-charge or his subordinate-in-charge of the work before

covering up or otherwise placing beyond the reach of measurement any work in order that same

may be measured and correct dimensions thereof be taken before the same is so covered up or

placed beyond the reach of measuring and shall not cover up or place beyond the reach of

measurement without the consent, in writing, of the Engineer-in-charge or his subordinate-in-

charge of the work. If any work shall be covered up or placed beyond the reach of measurement

such notice having been given or consent obtained, the same shall be uncovered at the

contractor's expense, or in default thereof no payment or allowance shall be made for such

work or the materials with which the same was executed.

Clause 17 Contractor liable for damage done and for imperfections for 3 months after certificate: If

the contractor or his work people or servants shall break, deface, injure or destroy any part of a

building in which they may be working, on any building, Road, Fence, enclosure or grass, land,

cultivated ground or the premises on which the work or any part of it is being executed, or if

any damage happens to the work, while in progress from any cause whatever or any

imperfection become apparent in it within three months after the final certificate or order of its

completions, shall have been given by the Engineer-in-charge as aforesaid, the contractor shall

make the same good at his own expenses and in default, the Engineer-in-charge may cause the

same to be made good by other workmen and deduct the expense (of which the certificate of

the Engineer-in-charge shall be final) from any sums that may be then, or at any time thereafter,

may become due to the contractor or from his security deposit.

Clause 18 Contractor to supply plant ladders, scaffoldings etc: The contractor shall supply at his own

cost all material except such special material, in accordance with the contract be supplied from

the Engineer-in-charge’s stores, plants, tools appliances, ladders, cordage, scaffolding and

temporary works required for proper execution of the work, whether original, altered or

substituted and whether included in the specifications or other documents forming part of the

contract referred to in these conditions or not, or which may be necessary for the purpose of

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satisfying or complying with the requirements of the Engineer-in-charge, as to any matter as to

which, under these conditions he is entitled to be satisfied or which he is entitled to require

together with carriage thereof to and from the work. The contractor shall also supply without

charge the requisite number of persons with the means and materials, necessary for the purpose

of setting out works and counting, weighing and assisting in the measurement of examination at

any time and from time to time of the work or material. Failing to do so, the same may be

provided by the Engineer-in-charge at the expenses of the contractor, and the expense may be

deducted from any money due to the contractor under the contract or from any other contract of

the agency or from his security deposit or the proceeds of sale thereof or a sufficient portions

thereof. The contractor shall also provide all necessary fencing & lights required to protect the

public from accident and shall be bound to bear the expenses of defence of every suit, actions

or other proceedings at law that may be brought by any person for injury sustained owing to

neglect of the above precautions and to pay any damages and cost which may be awarded in

any such suit, action or proceedings to any such person or which may with the consent of the

contractor be paid to compromise any claim by any such person.

Clause 19 No female labour shall be employed within the limits of Cantonment.

Clause 19A No labour below the age of 12 years shall be employed on the work..

Clause 19B The contractor shall pay his labourer not less than the wages determined under minimum wages

act for the District.

Clause 20 Work on Sunday: No work shall be done on Sunday without the sanction, in writing, of

Engineer-in-charge.

Clause 20A Contractor liable for payment of compensation to injured workman or in case of death to

his relations: In every case in which by virtue of the provision of section 12, sub section (1) of

the workmen’s compensation Act, 1923. Haryana Urban Development Authority is obliged to

pay compensation to workman employed by the contractor, in execution of the works. Haryana

Urban Development Authority will recover from the contractor the amount of the compensation

so paid and without prejudice to the right of Haryana Urban Development Authority under

section 12, sub section (2) of the said acts, Haryana Urban Development Authority shall be at

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liberty to recover such amount or any part thereof by deducting it from the security or from any

sum due to the contractor, whether under this contract or otherwise.

Haryana Urban Development Authority shall not be bound to contest any claim made

against it under section 12 sub-section (1) of the said act except on the written request of the

contractor and upon his giving request to Haryana Urban Development Authority full security

for all costs for which Haryana Urban Development Authority might become liable in

consequence of contesting such claim.

Clause 21 Work not be sublet. Contract may be rescinded and security deposit forfeited: The

contract shall not be assigned or sublet without the written approval of the Engineer-in-charge.

And if the contractor shall reassign or sublet his contract or attempt to do so or become

insolvent or commence any insolvency proceedings or make any composition with his creditors

or attempts to do so or if any bribe, gratuity, gift, loan, reward or otherwise, shall either directly

or indirectly be given, promised or offered by the contractor or any of his servants or agents to

any public officer or person in the employment of Haryana Urban Development Authority, in

any way relating to his office or employment or if any such officer or person shall become in

any way directly or the indirectly interested in the contract, the Engineer-in-charge may

thereupon by notice, in writing, rescind the contract and security deposit of the contractor shall

stand forfeited and be absolutely at the disposal of Haryana Urban Development Authority. The

same consequence shall ensure as if the contract had been rescinded under clause 3 thereof and

in addition the contractor shall not be entitled to recover or be paid for any work thereof

actually performed under the contract.

Clause 22 Sum payable by way of compensation to be considered as reasonable compensation

without reference to actual loss: All sums payable by way of compensation under any of

these condition shall be considered as reasonable compensation without reference to the actual

loss or damage sustained and whether or not any damage shall have been sustained.

Clause 22A Deduction of amounts due to Government on any account whatsoever to be recoverable

from sums payable to a contractor: Any excess payment made to the contractor inadvertently

or otherwise under this contract or on any account whatsoever and any other sum found to be

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due to Haryana Urban Development Authority by the contractors in respect of this contract or

any other contract or work order for any sum whatsoever shall be recoverable from the

contractor from the payment due to him either in respect of this contract or any other work

order or contract or any other account by any other department of the Haryana Government /

Haryana Urban Development Authority.

Clause –23 Changes in constitution of firm: In the case of a tender by partners, any change in the

constitution of the firm shall be forthwith notified by the contractor to the Engineer-in-charge

for his information.

Clause 24 Work to be under directions of Superintending Engineer: All works to be executed, under

the contract shall be executed under the directions of and subject to the approval of the

Superintending Engineer, Haryana Urban Development Authority circle Hisar for the time

being who shall be entitled to direct at what point or points and in what manner they are to be

commenced or from time to time carried on.

Clause 25: Claims for payment of any extra ordinary nature to be referred to HUDA for decision: No claims for payment of an extraordinary nature, such as claims for a bonus for extra labour employed in completing the work before the expiry of the contractual period at the request of the Engineer-In-Charge or claims for compensation where work has been temporarily brought to a standstill with no fault of the contractor, shall be allowed unless and to the extent that the same shall have been sanctioned by the Haryana Urban Development Authority.

Clause 25(A): (i) If any dispute or difference of any kind whatsoever shall arise between the HUDA/or authorized representative of HUDA and the contractor in connection with or arising out of the contract, or the execution of the work that is (i) whether before its commencement or during the progress of the work or after its completion, (ii) and whether before or after the termination, abandonment or breach of the contract, it shall, in the first instance, be referred to, for being settled by the Executive Engineer-In-Charge of the work at that time and Engineer-In-Charge shall with in a period of sixty days after being requested, in writing, made by the contractor to do so, convey his decision to the contractor, and subject to arbitration as hereinafter provided, such decision in respect of every matter so referred, shall be final and binding upon the contractor. In case the work is already in progress, the contractor will proceed with the execution of the work on receipt of the decision by the Executive Engineer-In-charge as aforesaid, with all due diligence whether HUDA/or authorized representative of HUDA or contractor requires arbitration as hereinafter provided for, or not. If the Executive Engineer, In- charge of the work has conveyed his decision to the contractor and no claim to arbitration has been filed with him by the contractor within a period of sixty days from the receipt of letter communicating the decision, the said decision shall be final and binding upon the contractor and will not be a subject matter of arbitration at all. If the Executive Engineer, In-charge of the work fails to convey his decision within a period of sixty days, after being requested, as aforesaid, the contractor may, within further sixty days of the expiry of first sixty days, after being requested, from the date on which request has been made to the Executive Engineer In-Charge request the Engineer-in-Chief / Chief Engineer, HUDA that the matters in dispute be relevant to arbitration, as hereinafter provided.

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(ii) All dispute or difference in respect of which the decision is not final and conclusive shall at the request, in writing, of either party, made in a communication sent through Registered A.D. Post, be referred to the sole arbitration of any serving Superintending Engineer of HUDA, to be nominated by designation by the Engineer-in-Chief / Chief Engineer, HUDA at the relevant time. There will be no objection to any such appointment that the arbitrator so appointed is a Govt. servant/in service of HUDA or that he had to deal with the matters to which the contract relates in the course of his duties as a Govt. servant/in service of HUDA he has expressed his views on all or any of the matter in dispute. The Arbitrator to whom the matters is originally referred being transferred or vacating his office, his successor-in-office, as such shall be entitled to proceed with the reference from the stage at which it was left by his predecessor.

Or

In case the arbitrator nominated by the Engineer-in-Chief / Chief Engineer, HUDA is unable or unwilling to act as arbitrator such for any reason, whatsoever the Engineer-in-Chief / Chief Engineer, HUDA shall be competent to appoint and nominate any other Superintending Engineer of HUDA as arbitrator in his place and the arbitrator so appointed shall be entitled to proceed with the reference.

(iii) It is also a term of this arbitration agreement that no person other than a person appointed by the Engineer-in-Chief / Chief Engineer, HUDA shall act as arbitrator and if for any reason that is not possible the matter shall not be referred to arbitration at all. In all cases where the aggregate amount awarded exceeds Rs. 25000/- the arbitrator must invariable give reasons for his award in respect of each claim and counter / claims separately.

(iv) The arbitrator shall award separately giving his award against each claim and dispute raised by either party including any counterclaim individually and that any lump-sum award shall not be legally enforceable.

(v) The following matters shall not lie within the perview of arbitration: -

a) Any dispute relating to the levy of compensation as liquidated damages, which has already been referred to the Superintending Engineer and is being heard or/ and has been finally decided by the Superintending Engineer, In-Charge of the work.

b) Any dispute in respect of substituted, altered, additional work/omitted work / defective work referred by the contractor for the decision of Superintending Engineer In-Charge of the work if it is being heard or has already been decided by the said Superintending Engineer.

c) Any dispute regarding the scope of the work or its execution or suspension or abandonment that has been referred by the contractor for the decision of the HUDA and has been so decided finally by the HUDA.

(vi) The independent claims of the party other than the one getting the arbitrator appointed, as also counter-claims of any party will be entertained by the arbitrator notwithstanding that the arbitrator had been appointed at the instance of the other party.

(vii) It is also a term of this arbitrator agreement that where the party invoking arbitrator is the contractor, no reference for arbitrator shall be maintainable unless the contractor, furnishes to the satisfaction of the Executive Engineer In charge of the work, a security deposit of a sum determined according to details given below and the sum so deposited shall, on the termination of the arbitration proceedings, be adjusted against the cost, if any, awarded by the arbitrator against the claimant party and the balance remaining after such adjustment or whole sum in the absence of any such cost being awarded will be refunded to him within one month from the date of the award.

Amount of claims Rate of security deposit

i) For claims below Rs.10000/- 2% of amount claimed.

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ii) For claims of Rs.10000/- and 5% of amount claimed. above & below Rs.100000/- iii) For claims of Rs.100000/- 7½% of amount claimed. and above.

The Stamp-fee due on the award shall be payable by the party as desired by the arbitrator and in the event of such party’s default the Stamp-fee shall be recoverable from any other sum due to such party under this or any other contract.

(viii) The venue of arbitration shall be such places as may be fixed by the arbitrator at his sole discretion. The work under the contract shall continue during the arbitration proceedings.

(ix) Neither party shall be entitled to bring a claim for arbitration if the appointment of such arbitrator has not been applied within 6 months: -

a) Of the date of completion of the work as certified by Executive Engineer-In-Charge, or

b) Of the date of abandonment of the work, or

c) Of its non-commencement within 6 months from the date of allotment or written orders to commence the work as applicable, or

d) Of the completion of the work through any alternative agency or means after withdrawal of the work from the contractor in whole or in part and/or its recession, or

e) Of receiving an intimation from the Executive Engineer-In-Charge of the work that final payment due to or recovery from the contractor had been determined which he may acknowledge and/or receive.

Whichever of (a) to (e) above is the latest.

If the matter is not referred to arbitration within the period prescribed above, all the rights and claims of any party under the contract shall be deemed to have been forfeited and absolutely barred by time even for civil litigation notwithstanding.

(x) It is also a term of this arbitration agreement that no question relating to this contract shall be brought before any Civil Courts without first involving and completing the arbitration proceedings as above. If the scope of the arbitration specified herein covers issues that can be brought before the arbitrator i.e. any matter that can be referred to arbitration shall not be brought before a Civil Court. The pendency of arbitration proceedings shall not disentitle the Engineer-In-Charge, HUDA to terminate the contract and make alternative arrangements for the completion of the work.

(xi) The arbitrator shall be deemed to have entered on the reference on the day he issues notices to the parties fixing the first date of hearing. The arbitrator may, from time to time, with the consent of the parties enlarge the initial time for making and publishing the award.

(xii) It is also a term of this arbitration agreement that subject to the stipulation herein

mentioned, the arbitration proceedings shall be conducted in accordance with the provisions of

the Arbitration Act, 1940 or any other law in force for the time being.

Clause 26 No alteration in contract rates shall be admissible in consequence of fluctuation in railway

freight when such railway freight is on account of material which is required by a contractor in Fluc

tuation in

railway

freight

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the manufacturing of an article to be supplied under this contract e.g. fluctuation in railway

freight on coal required for burning bricks will not be taken into consideration, or for an article

which forms part of a finished work for purpose of this clause. Similarly no alteration in rates

will be allowed when a manufactured article is transported by rail from place A to place 'B' to

form part of finished work.

Clause 27 Lump sum estimate: When the estimate on which a tender is made include lump-sump

provision in respect of parts of the work, the contractor shall be entitled to payment in respect

of the items of work involved or the part of the work in question at the same rates as are

payable under this contract for such items or the part of the work in question is not in the

opinion of the Engineer-in-charge, measurable, the Engineer-in-charge may at his discretion,

pay the lump sum amount entered in the estimate and the certificate, in writing, of the

Engineer-in-charge shall be final and conclusive against the contractor with regard to any sum

payable to him under the provisions of this clause.

Clause 28 Action where no specification: In case of any class of work for which there is no

specifications as is mentioned in Rule 1, such work shall be carried out in accordance with the

district specifications and in the event of there being no district specification, then in such case,

the work shall be carried out in all respect in accordance with the instructions and requirement

of the Engineer-in-charge.

Clause 29 Definition on work: The expression “Work or Works” where used in these conditions shall

unless specified either in subject or context repugnant to such construct or be constructed &

taken to mean the works by virtue to the contract, contracted to be executed whether temporary

or permanent and whether original, altered, substituted or additional.

Clause 30 The percentage referred to at page-7 of the tender will be calculated on the gross amount (value

of finished work including cost of materials whether purchased from the Haryana Urban

Development Authority or direct) of (1) the item of work to which the rates in the tender apply

and also see the item of work which rates exist in the Haryana PWD Schedule of Rates 1988.

Clause 31 Unless otherwise specified in the contract, the term “Engineer-in-charge” referred to in the

tender and contract for the work means Executive Engineer, HUDA, Division I, Hisar.

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Clause 32 The contractor shall be responsible for making his own arrangements for securing licences for

the materials and their transportation required for the works and Engineer-in-charge shall not be

held responsible in any way for making such arrangements.

Clause 33 The contractor undertakes that he is not related to any of the officers employed by the Haryana

Urban Development Authority.

Clause 34 No pit shall be dug by the contractor near the site of the work for taking out earth for use on the

work. In case of default, the pit so dug will be filled in by the department at the cost of the

contractor plus 14% departmental charges.

Clause 35 All royalty and compensation for building stone, bajri and stone metal or any other material

should be included in the rates to be quoted and is payable by the contractor.

Clause 36 The rates given are for the finished work inclusive of octroi charges, sales tax, all duties and all

other taxes as applicable and including labour cess @ 1%.

Clause 37 It will be the responsibility of the contractor to ensure that trees at the site of work and in the

vicinity or their fruit etc. are not damaged by his labour or agent. Cost of damage done, if any,

will be assessed at the discretion of the Engineer-in-charge and deducted from the bill of the

contractor.

Clause 38 The contractor shall provide at his own cost separate latrine, bathing enclosures and platform

for use of the men and women labour and keep them clean to the satisfaction of the Engineer-

in-charge. He should also arrange at his own expense for clean drinking water, housing,

medical facilities necessary for the welfare of the labour employed at his work. In case of his

failure the same shall be provided by the HUDA at contractor’s cost. Any dispute regarding this

will be settled by the Engineer-in-charge whose decision will be final and binding. Contractor

will also follow the fair wage clause attached.

Clause 39 Any material left on the site of work after one month from the date of completion of the work

shall become the property of the HUDA and no payment shall be made for it.

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Clause 40 The amount of the work can be increased or decreased according to the requirement of the

department and no claim whatsoever on this account will be entertained.

Clause 41 HUDA reserve the option to take away any items of the work or part thereof at any time during

the currency of the contract and re-allot it to another agency with due notice to the contractor

without liability or compensation.

Clause 42 No claim on account of fluctuation in prices due to war or any other cause will be entertained.

Clause 43 The contractor shall be liable to make good all damages caused by breakage from the moment

the stores are handed over to his charge.

Clause 44 No compensation whatsoever will be payable on account of any delay or default in the supply

of material mentioned in the “list of material to be issued to the contractor” by the department

and consequent delay in the execution of work.

Clause 45 The contractor will inform the C.M.O about the employment of labourer on the work for

carrying out Malaria Surveillance.

Clause 46 The terms and conditions of the agreement have been explained to me / us and I / we clearly

understand them.

Clause 47 All type of cautionary board, signals for safe and smooth execution of work, diversion of traffic

etc. shall be provided by the contractor at his own cost and nothing extra is payable on this

account.

Clause 48 With the issue of allotment letter in the name of lowest agency made by the Executive

Engineer, the agreement shall stand concluded and all the clauses, terms and conditions

mentioned above and in the tender form shall be applicable, even when the agreement for the

work is not signed by the contractor / firm.

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CONTRACTS LABOUR REGULATIONS

1. Short titles: These regulations may be called Haryana (1) Public Works Department Contractors Labour Regulations.

2. Definitions in these regulations unless otherwise expressed or indicated the following words and expression shall have the meaning given herein against them respectively that is to say.

a) “Labour” means workers employed by the contractor directly or indirectly through sub contractor or other person or by an agent on his behalf.

b) Fair wages means wages whether for time or piece work notified at the time of submitting tender of the work and where such wages have not been so notified the wages prescribed by the Haryana Public Works Department for the district in which the work is done.

c) “Contractors” shall include every person whether a sub-contractor or headmen or agent employing labour on the work taken on contract.

d) “Wages” shall have the same meaning as defined in the payment of wages Act, 1936 and include time and piece rate wages.

3. Display of notice regarding wages etc. The contractor shall before he commences his work on contract display and correctly maintain and continue to display and correctly maintain in a clean and legible condition in conspicuous place on the work notice in English and in the local Indian language spoken by the majority of the workers giving the fair wages notified or prescribed by the Haryana Public Works Department and the hours of work for which such wages are earned.

4. Payment of wages (1) Wages due to every worker shall be paid to him direct, (2) all wages shall be paid in current coin or currency or in both.

FIXATION OF WAGES PERIODS:

5 (i) The contractor shall fix wage periods in respect of which the wages shall be payable.

(ii) No wage period shall exceed one month

(iii) Wages of every workman employed on the contract shall be paid before expiry of ten days after the last day of wage period in respect of which the wage are payable.

(iv) When the employment of any worker is terminated by or on behalf of the contractor the wages earned by him shall be paid before the day of expiry of the month in which his employment is terminated.

(v) All the payment of wages shall be made on working day.

6. Wages book and wages slip etc.

[1] The contractor shall maintain a wage book of each worker in such form as may be convenient

but this shall include the following particulars.

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(a) Rate of daily or monthly wages or contract wages.

(b) Name of work on which employed.

(c) Nature of work on which employed.

(d) Total number of days worked during each wage period and total amount payable for the work

during wage period.

(e) All deduction made from the wages with an indication in each case of the ground for which the

deduction is made.

(f) Wages actually paid for each wage period.

[2] The contractor shall also maintain a wage slip for each worker employed on the work.

[3] The authority competent to accept the contract may grant an exemption from the maintenance

of Wage Book and Slip to a contractor who in his opinion may not directly or indirectly employ

more than 50 persons on the work.

7. [1] Fines and deductions which may be made from the wages of a worker shall be paid to him

without any deduction of any kind except the following.

a) Fines.

b) Deductions for absence from duty i.e. from the place or places where by the term of his employment he is required to work. The amount of deduction shall be proportion to the period for which he was absent.

c) Deduction for damage to or loss of goods expressly entrusted to the employed person for custody or for less or more for which he is required to account where such damage or loss is directly attributable to his neglect or default.

d) Any other deduction which Haryana Urban Development Authority may from, time to time allow.

[2] No fine shall be imposed on a worker and no deduction for damage shall made be from his

wages until the worker has been given an opportunity or showing causes against such fines or

deductions.

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[3] The total amount or fines which may be imposed in any one wage period on a worker shall not

exceed an amount equal to five paisa in a rupee of the wage payable to him in respect of that

wages period.

[4] No fine imposed on a worker shall be recovered from him installment or after expiry of 60 days

from the date on which it was imposed.

8. Register of fines act-8 [1] The contractor shall maintain a register of fines and of all

deductions for damage or loss. Such register shall mention the reason for which fine was

imposed or deductions for damage or loss, which was made.

[2] The contractor shall maintain a list in English and local Indian Language clearly defining

acts and omissions for which penalty or fine can be imposed. He shall display such list and

maintain it in a clear and legible condition at conspicuous place on the work.

9 Preservation of Books – The wage book, the slip and the register of fine deductions required to be maintained under the regulation shall be preserved for 12 months after the date of last entry made in them.

10 Powers of Labour Welfare Officer to make investigation or Enquiry – The Labour Welfare Office or any other person authorized by the Haryana Urban Development Authority on their behalf shall have power to make enquiry with a view to ascertaining and enforcing due and proper observances of the wage clause & the provisions of these regulations. He shall investigate into any complaint regarding the default made by contractor – sub contractor in regard to such provision.

11 Report of labour welfare officer. The Labour Welfare Officer or any other person authorized as aforesaid shall submit a report of the result of his investigation or enquiry to the Executive Engineer concerned indicating the extent if any to which the default has been committed and the amount of fine recoverable in respect of the acts of omission of the labourers with a note that necessary deduction from the contractors bill be made and wages of the other dues be paid to the labourers concerned.

12 Appeal against the decision of Labour Welfare Officer – Any person aggrieved by the decision and recommendation of the labour welfare officer or other person so authorized may appeal, against such decision to the Labour commissioner but subject to such appeal, the decision of the officer shall be final and binding upon the contractor.

13 No party shall be allowed to be represented by a lawyer during any investigation or enquiry appeal or any other proceedings under these regulations.

14 Inspection of Register – The contractor shall allow inspection of the wages book and wages slip to any of his workers or to his agent at a convenient time and place after due notice received or the labour welfare officer or any other person authorized by the Haryana Urban Development Authority on his behalf.

15 Submission of return – The contractor shall maintain and submit periodical return as may be specified from time to time.

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16 Amendment – The Haryana Urban Development Authority from time to time add or amend these regulations and or any question as to the application, interpretation or effect of these regulation the decision of the Labour Commissioner to Haryana Government or any other person authorized by the Haryana Urban Development Authority in that behalf shall be final.

17 The contractor shall be responsible to provide to the entire satisfaction of the Engineer-in-charge at his own expenses the following amenities for the labour employed by him.

a) Suitable temporary hutting accommodation.

b) Trench Latrin, bathing enclosure, platforms, separately for men and women with regular clear Drinking Water.

In the event of his failure to provide any or all the amenities, the same shall be provided by the

Haryana Urban Development Authority and cost thereof shall be recovered from the contractor. Any dispute

regarding above point shall be settled by the Engineer-in-charge and his decision shall be final.

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FAIR WAGES CLAUSES

(a) The contractor shall pay not less than fair wage to labour engaged by him on the work.

Explanation:

Fair wage means wage whether for time or piece work notified at the time of inviting tenders of the

work and where such wages have not been so notified, the wage prescribed by the Public Works Deptt.,

Building and road branch, Haryana for the district, in which the work is done.

(b) The contractor shall, not with standing the provisions of any agreement to the contrary, caused to be paid fair wages to labours, indirectly engaged on the work including any labour engaged by his sub contractors in connection with the said work, as if the labourers had been directly employed by him.

(c) In respect of labour directly employed on the works for the performances of the contractor’s part of this agreement the contract shall comply with or cause to be complied with the Public Works Deptt. Contractors’ Labours Regulations made by Government from time to time in regard to payment of wages period, deductions from wages, recovery of wages not paid and deductions unauthorisedly made, maintenance of wage register, wage slip, publication of wages and other terms of employment inspection and submission of periodical returns and all other matters of such like nature.

(d) The Executive Engineer or Sub Divisional Engineer concerned shall have the right to deduct, from the money due to the contractor, any some required or estimated to be required for making good the loss suffered by a worker or workers by reason of non-fulfillment of the conditions of the contract for benefit of the workers, non-payment of wages or deductions made from his or their wages which are not justified by the terms of the contract or for non-observance of the regulation is referred to in clause (c) above).

(e) Vis-à-vis the Haryana Urban Development Authority, the contractor, shall be primarily liable for all payments to be made under and for the observance of the regulations aforesaid, without prejudice to his right to claim indemnity from his sub contractors.

(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach thereof shall be deemed to be a breach of this contract.

(g) Attendance card should invariably be issued by the contractors to their workers, which should be returned to the contractors concerned at the time of receiving payment of their wages.

(h) Before making payment to the contractors, the authorities concerned should obtain a certificate from the contractor that he has made payment to all workers connected with the execution of the work, for which the payment is being made.

(i) The normal working hours of workers employed by contractors for the execution of work allotted to them should be 8 hours per day with a break of 2 hours during summer, one hour during winter after continuous work of 4 hours at the most. The spread over should in no case exceed 10 hours, workers working beyond these hours, should be paid over time wages, at the double the ordinary rate of their wages, calculated by the hour.

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LIST OF MATERIAL TO BE ISSUED BY THE ENGINEER-IN-CHARGE OF THE WORKS TO THE

CONTRACTOR

NOTES:

1. All the materials, will be issued at the place of issue given and all the cost of carriage from the place of issue to the site of work will be borne by the Contractor and this is included in the rate for the work carried out by the contractor.

2. In case any quantity of cement, steel, coal or any other controlled or uncontrolled commodity for use directly on the aforesaid work of manufacturers or materials required in connection therewith, which is not utilized for the purpose for which it is issued or otherwise disposed off by him or spoiled or lost or allowed to get destroyed or used in excess of the qualities actually required to be used as per specification therein stipulated or these from fixed by the Engineer-in-charge, the cost of such quantities of the material shall without prejudice to other rights and remedies available to the Haryana Urban Development Authority be recoverable from the contractor on double the stock rate at which it is agreed to be supplied to the contractor or double the stock rate for the quantities issued free of cost.

3. EXCESS / SHORT CONSUMPTION OF MATERIAL RECOVERY FROM CONTRACTOR

a) For excessive consumption of Material upto 5% (five percent).

Recovery will be made from the contractor at issue rate plus 3% storage charges.

b) Excessive consumption of material more than 5% (five percent)

Recovery will be made from the contractor for the excessive consumption of materials at panel

rate provided in the contract plus three percent storage charges.

c) For short consumption of material upto 5% (five percent)

The recovery of cost of material less consumed would be made from the contractor at issue

rates.

d) In case of less consumption by more than 5% (five percent).

The rates of concerned items will be reduced where less materials might have been consumed

and the same would be reduced proportionate to the materials used shorter than prescribed.

However where it is not possible to determine the exact item on which less materials has been

used, the cost of materials would be recovered from the contractor at issue rate and in addition

the contractor will be open for disciplinary action by the Divisional Officer. In case where the

items of work become non-schedule and non-agreemental due to less consumption of materials,

the Executive Engineer may sanction such non – schedule and non agreement rate upto the

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power of his technical sanction of original work where amounts larger than those mentioned

above are involved, the rates will be got approved from the competent authorities concerned

who can approve such rates upto their powers to sanction estimates technically. It should also

be left to the Executive Engineer to determine whether the structure is affected adversely by

less consumption of material and in cases where he feels that it is likely to be so, it is for him to

reject the work and decision in such matters of Executive Engineer shall be final.

4. 3% storage charges will be levied on all materials issued to the contractor from stock, the cost

of which is recoverable.

5. The octroi, terminal tax, royalty and other taxes and charges on the materials issued shall be

bone by the contractor.

6. The recovery of material issued by HUDA store shall be made in the usual manner from the

running bills for the upto date quantity of such materials issued to the contractor not

withstanding that lesser quantity of material might have been consumed on the work & the

balance quantity may be lying in store at the site of work.

7. Material issued at HUDA Store if not used at site will be returned in HUDA Store immediately.

In case the material is not returned or lesser material is returned recovery at panel rate will be

made at the rates given in the contract plus storage charges.

8. The other material mentioned in the list will be supplied to the extent of the separate security

deposit of suitable amount as per direction of Engineer-in-charge.

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Name of work: Construction of internal roads in Sector-9-P, Dadri. “Supply & laying of earth granular sub base, stone metal upto WBM 50mm thick B.M on master road with 20mm thick premix carpet by mechanical paver, providing & fixing of cement concrete kerb & channel along road and all other works contingent thereto”. (Including three years mtc free of cost)

A/C Rs. 476.70 Lacs Schedule showing (approximately) materials issued from Haryana Urban Development Authority, stores for

works contract to be executed and the rates at which are to be charged for

Sr. No. Description Rate to be charged

from the contractor for

supply

Place of issue

1. Portland cement in bags to weight 50

Kgm. Inclusive of weight of bag.

at the rate of Rs. 225/- +

3% ch. per bag inclusive

value of empty bag.

At HUDA stores

Bhiwani

Note :- 3% storage charges will be levied on all above materials issued to the contractor from the stock,

the cost of which is recoverable.

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AFFIDAVIT

I _____________________________ S/o Sh.____________________________ resident of

_______________________________________________ Section ______________

Distt.____________________ contractor / partner / share holders (strike out the which is not applicable) (firm or

contractor) do hereby solemnly declare as under:-

1. That the person / firms black listed by HUDA / Haryana Govt. / Govt. of India from time to

time never had any connection and interest in my business.

2. That the above said contractor / persons / firms do not have any substituting in my business and

3. That the said persons / firms are not employee of my firm and are not in any way connected with my business.

4. That the said person / firms has submitted his bid online in the respective envelopes.

DEPONENT

WITNESS

DATED:

I do hereby solemnly declare and affirm that the above declaration is true and correct to the best

of my knowledge and belief. No part of it is false and nothing has been concealed and I shall be held responsible

if found not abide by the above mentioned items for the tender or the tender document of this work.

DEPONENT

WITNESS

DATED:

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Name of work: - Construction of internal roads in sector – 9 (P), Dadri. Supply & laying of earth, granular sub base, stone metal up-to WBM, 50 mm thick B.M. on master road with 20 mm thick premix carpet by mechanical paver, providing & fixing of cement concrete kerb & channel along road and all other works contingent thereto". (including five years maintenance)

A/c Rs. 476.70 Lacs

CONTRACT SCHEDULE OF RATES

Sr. No

HSR Item

Description Qty. Unit Rate

1. App. Item

Earth work in embankment including excavation in all kind of soil or rock carriage including loading unloading & laying earth as per specification for compaction in 25cm layers including dressing the berms & side slope to level & templates after breaking of clods including cost of rolling and watering. The complete rate to be quoted by the contractor shall be taken in to account all allowances for labour hardness & wetness total lead & lift of soil & to the entire satisfaction of the Engineer-in-charge confirming fully to PWD specification latest edition as per amendments till the final payment.

Note: - The item rate has been provided for supply and filling of earth/tibba sand with CBR value not less than 6%. The contractor should be satisfying himself for the

lead & source from where the earth will be available before tendering the rates.

120460 cum Per cum 149.65

2. 24.1 Preparation of sub grade including trenching, rough

dressing of spoil, final dressing of earth, to given levels and camber, watering, rolling with road roller, and compacting the bed.

40125 sqm

Per 100 sqm 92.45

3. App.

Item Construction of granular Sub base as per MORT & H specification confirming to clause 401 grading 11 as per table 400.1 330 mm thick by providing close granded material 26.5 mm to 9.5 mm @ 3.5% 9.5 mm to 2.36 mm 25% and 2.36 mm below @40% mixing in a mechanical mix plant at OMC, carriage of mixed

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material to work site spreading in Uniform layers with motor grader on prepared surface and compacting with vibratory power roller to achieve the desired density (Complete as per clause 401). The cross fall (camber) to e checked and any high spot or depressions which becomes apparent, correct by removing or adding fresh material, including cost of tools and plants carriage of material from stacks templates, barrier, lighting arrangement at night, chowkidar and maintenance of diversion etc. complete in all respect as per MORT & H specifications drawings and the instruction of the Engineer-in-charge, density of GSB as laid 2gms/cc.

6815 cum

Per cum

965.25

4. App. Item

Supplying, laying and consolidation of 75mm thick compacted layer of stone metal soling coat to water bound macadam specification using stone metal @ 0.91 cum per 10 sqm area of size 63mm to 45mm (Sixty three millimeters to forty five millimeters) gauge hand broken of hard, durable tough stone uniform texture angular in shape & possessing as low water absorption as possible and free from thin or elongated, soft or disintegrated particles, dirt and other deleterious materials from any approved quarry. The physical requirement of the material will be as per MORT & H table No 400-6 and the grading requirement will be as per MORT & H table No 400-7. The nallah sand / moorum (screening) will be used as binding material @ 22% of the total quantity of the stone metal. The rates includes the cost of all materials i.e stone metal, nallah sand /moorum, and labour for carrying the metals and spreading to templates screening and spreading the binding material and consolidating the stone metal and binding material to proper chamber with road roller complete in all respects to the satisfaction of the Engineer-in-charge.

40125 sqm

Per sqm

52.45

5. App. Item

Supplying, laying and consolidation of 75mm thick compacted layer of stone metal wearing coat to water bound macadam specification for filling of pot holes using stone metal @ 0.91 cum per 10 sqm area of size

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53mm to 22.4mm (Fifty three millimeters to Twenty two point four millimeters) gauge hand broken of hard, durable tough stone uniform texture angular in shape & possessing as low water absorption as possible and free from thin or elongated, soft or disintegrated particles, dirt and other deleterious materials from any approved quarry. The physical requirement of the material will be as per MORT & H table No 400-6 and the grading requirement will be as per MORT & H table No 400-7.

The nallah sand / moorum (screening) will be used as binding material @ 22% of the total quantity of the stone metal. The rates includes the cost of all materials i.e stone metal, nallah sand /moorum, and labour for carrying the metals and spreading to templates screening and spreading the binding material and consolidating the stone metal and binding material to proper chamber with road roller complete in all respects to the satisfaction of the Engineer-in-charge.

a). 1st layer 40125sqm Per sqm 54.75 b). 2nd layer 40125sqm Per sqm 54.75

6. App. Item

Providing & laying of tarring coat using 0.10 cum stone grit 13.2mm nominal size on WBM surface 10 kg binder for p.10 sqm surface areas including rolling to proper area including rolling to proper grade. The rate shall be includes the cost of bajri, labour, bitumen 80/100 and also the cost of rolling etc. complete in all respect.

32800 Sqm P. Sqm. 58.35

7. App.

Item Providing and laying of 50mm thick bituminous macadam using aggregate 26.5 to 11.2mm 0.25 cum, 11.2mm to 2.8mm 0.39 cum, 2.8 to 90 micron 0.07 cum per 10 sqm & bitumen grade 60/70 (VG – 30) @ 3.30% of total weight for 10sqm area prepared by latest MOST specification with hot mix plant and laying the same at site of work for all lead with mechanical paver and rolling with road roller giving density as job mix formula complete in all respect (including cost of bitumen) on existing black top surface area. The rate is also inclusive of cost of tack 2030 M.T. Per M.T. 2605.00

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coat with bitumen @ 25Kg/100 sqm. This rate includes the cost of material i.e. bitumen grade 60/70(VG – 30), mixing the material in hot mix plant and laying the same with mechanical paver after laying tack coat and rolling with road roller complete in all respect to the satisfaction of Engineer-in-charge.

8. App.

Item Providing laying and consolidation of 20mm thick premix carpet with ‘B’ type seal coat by mechanical paver machine on existing black top surface by using stone grit 13.2mm nominal size (passing 22.4mm sieve and retained on 11.2mm sieve) @ 1.8 cum per 100 sqm surface area, stone grit 11.2mm nominal size (passing 13.2mm sieve are retained on 5.6mm sieve) @ 0.90 cum per 100 sqm surface area and the aggregate for seal coat (passing 2.36 mm sieve and retained on 180 micron sieve) @ 0.60 cum per 100 sqm surface area. The bitumen grade 80/100 will be used as binder @ 25Kg per 100 sqm for tack coat (on existing black top surface) for premixing of stone grit 13.2mm @ 95Kg per 100 sqm, for premix stone grit 11.2mm @ 51Kg per 100 sqm, 68Kg. for B-Type seal coat including rolling with 8/10 tonne road roller. This rate includes the cost of material i.e. bitumen grade 80/100, mixing the material in hot mix plant and laying the same with mechanical paver and rolling with road roller, providing & laying seal coat complete in all respect to the satisfaction of Engineer-in-charge.

38200 Sqm. Per Sqm. 166.90

Note: The cost of the above rates including maintenance of roads, berms and road cuts as per condition at page No……

8. 10.77 Pre-cast cement concrete 1:2:4 with stone aggregate 20 mm nominal size in kerbs and the like items, finished

smooth with 6 mm thick cement plaster 1:3 on exposed surface including form work, placing and fixing in

position, complete at the ground level or in first storey. Note The kerb shall be casted by compressor at 3000 PSI by

mechanical vibration processed and nothing extra will be paid on this account. 295 cum Per cum 942.50

9. 10.78 Pre-cast cement concrete 1:2:4 with stone aggregate 20 mm nominal size in tiles and channels and the like items, finished smooth with 6 mm thick cement plaster

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1:3 on exposed surface including form work, placing and fixing in position, complete at the ground level or in first storey.

Note The channel shall be casted by compressor at 3000 PSI by mechanical vibration processed and nothing extra will be paid on this account. 148 cum Per cum 1025.15

10. 6.6 Excavation work in excavation in found actions

trenches etc. in all kind of soils not exceeding 2 meters depth including dressing of bottom and sides of trenches stacking the excavated soil clear from the edge of excavation and subsequent filling around masonry in 15 cm layers with compaction including disposal of all surplus soil as directed within a lead of 30 Meters. 220 cum

Per 100 Cum 1108.10

11. 15.73 Cement pointing on stone slab pavement with cement

mortar 1:2. 4420 sqm Per sqm 4.30

EXECUTIVE ENGINEER, HUDA DIVISION NO. I, HISAR

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Name of work: - Construction of internal roads in sector – 9 (P), Dadri. Supply & laying of earth, granular sub base, stone metal up-to WBM, 50 mm thick B.M. on master road with 20 mm thick premix carpet by mechanical paver, providing & fixing of cement concrete kerb & channel along road and all other works contingent thereto". (including five years maintenance)

A/c Rs. 476.70 Lacs

NOTE

The rates mention in the contract schedule of rate are inclusive with three years maintenance

free of cost.


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GENERAL CONDITIONS 1. The contract schedule of rates is an extract of the relevant item from the Haryana PWD

Schedule of rates 1988 and is to be read with another schedule attached here to namely as the “SCHEDULE OF CELLING PREMIA” for this purpose of cross reference against each item, the chapter No. and item No. has been indicated.

2. The work will be carried out according to PWD book of specification 1990 latest

addition/I.R.C. specification which will form a part ad parcel of this contractor schedule of rates.

3. Approximate quantities are given in the contract schedule of rates and these can vary at

the time of execution of work. The payment will be made according to the actual work done by the contractor.

4. The work will be considered to be situated in the Municipal limits for all purposes. 5. The items hereafter described very briefly but the description would mean the

completed description in the Haryana PWD Schedule of rates 1988. 6. All the items in the contract schedule of rates are subjected to the foot notes as given in

the Haryana PWD Schedule of rates 1988 regarding those items. 7. Any item of work not provided in the contract schedule of rates but required to be

executed will be paid at the Haryana PWD Schedule of rates 1988 together with ceiling premium exhibited in the NIT for various chapters where the item exists in the Haryana PWD Schedule of rates 1988 subject to premium or discount tendered by the contractor. In case of non-schedule item, this will be governed by clause 12 of the contract agreement/approved NIT/Tender Form.

8. All amendments issued in the Haryana PWD Schedule of rates 1988 up-till the date of

opening of tender will be applicable on the contract schedule of rates. 9. The list of ceiling premia admissible on various items contained in the various chapters

on the Haryana PWD Schedule of rates 1988 is attached with the “DNIT” and shall form the part and parcel of the contract schedule of rates. The same ceiling premia will be allowed on the various items contained in the contract schedule of rates. All those items which don not fall within the Haryana PWD Schedule of rates 1988 i.e. approved items, the ceiling premium shall be zero.

10. No claim will be entertained from the contractor in case any mistake in description

rates or unit occur in any of the items taken in contract schedule of rates on account of typing, comparison or over sighting. If there will be any mistake the same shall be rectifiable at any stage as per Haryana PWD Schedule of rates 1988 with amendments of the same received from time to time.

11. The success full tenderer shall have to sign an ‘AFFIDAVIT’ to the effect that he has no relations or connections with the firm/contractor black listed by the Haryana

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Govt./Government of India from time to time. The form of affidavit annexed at Page No. 67. 30

12. The steel will be arranged by the contractor at his own cost. 13. The earnest money deposited by the firm/contractor will be returned after acceptance

of tenders or three months which ever is earlier. 14. The firms/contractors who deposited the earnest money for the purchase of tender

documents and then does not submit his offer the earnest money in this case will be refunded only after acceptance tender or three months whichever is later.

15. The earnest money deposited by the firm/contractors will be returned through cheque

after the allotment of work or three months which ever is earlier/later mentioned above at Sr. No. 14 & 15.

16. Nothing extra shall be paid on account of any damage due to rain flood or and other act

of God. 17. All the pages of the tender must be signed by the contractor before submitting the

tender failing which the tender shall be treated as invalid. 18. Sale Tax, Income Tax and Labour Welfare Cess as applicable will be deducted from

contractor on gross amount as per Govt. instructions. 19. All charges such as royalty, Municipal taxes, octroi charges forest tax, sale tax and

other kind of taxes shall be paid by the contractor and are inclusive in the rate quoted by contractor.

20. All clauses of work not otherwise described shall be executed in accordance with the

principles laid down in the PWD book of specification latest edition. 21. The measurement of work done shall be made on the cross-section basis after

completion. To determine the quality of earth work cross-section shall be taken before the commencement of work in also after the completion of work.

22. 20% deduction shall be made in case loose earth is measured and paid for on cross-

section basis of running payment. 23. No pits shall be dug by the contractor near the site of work for taking earth for use of

work. In case the pits so dug will be filled by the contractor. If he fail to do so the same will be filled by the HUDA only at the cost of contractor plus 14% department charges.

24. The desired dry bulk density of the compacted rolled filled earth should be 1.6 to 1.8.

Nothing extra shall be paid for hard rock will be met at an approved source. The compaction of embankment of road/pavement parking of sites of work shall be considered satisfactory when desired DBD is achieved.

25. The successful tenderer shall have to sign an AFFIDAVIT to the effect that he will shift

all the labour engaged for the execution of work immediately after its completion duly

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attested by the First Class Magistrate. In the event of his failure to shift the labour, he will be liable for penal action either in the shape of penalty equal to 10% of the total cost of work or his enlistment with HUDA or any other department of Haryana shall be liable to be cancelled. The form of affidavit annexed at page No. 69.

26. The third party inspection of work will be got done from reputed institution consultant

at the cost of department before releasing the running payment final payment. 27. The tender will be issued to those contractor who have executed at least single worth

Rs. 286.00 Lacs or two work worth Rs. 167.00 lacs each of similar nature during last five years.

28. HUDA reserve the right to carry out the negotiation with all the tenderer for reduction

of rates if necessary arises.


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T E C H N I C A L C O N D I T I O N S The work will be carried out as per MORT&H (Roads wing) specification for Roads

and Bridge works 2001 (4th revision).

For item of B.M work, contractor shall intimate to the Engineer-in-charge in writing 20

days (twenty days) before the start of work, the job mix formula proposed to be used by him

for the work and will take up the work only after approval of job mix formula.

The unit of measurement of Bituminous Macadam will be weight in metric tonne of

Bituminous mix laid consolidated and finished which shall be determined as under:-

a) Volume of the mix laid at site will be calculated by multiplying the area covered

with average thickness actually laid at site. Average thickness will be based on

thickness measured at suitable intervals both along length and across width of road.

The weight shall then be worked out by multiplying the volume of the mix on

particular stretch of the road with the average field density of the very particular

stretch and the weight thus worked out above shall be considered. The average

density for the stretch shall be determined by the actual determination of field

density by sand replacement method.

b) (i) The contractor shall provide install, maintain and operate at his own cost in

good working condition weigh bridge of suitable capacity at the site of the hot

mix plant under the direction of Engineer-in-charge or his representative.

(ii) Each truck before loading of the mix shall weighed on the weigh bridge and its

weight shall be recorded under the signature of the authorized representative of

the contractor and Engineer-in-charge.

(iii) The work shall again be weighed on the weigh bridge after loading the mix and

its weight recorded under the signature of the site representative as per

prescribed performa as given at condition number 35 on page 99 weight of mix

material will be determined from difference of (iii) & (ii).

c) Lowest of weights calculated under para 3 (a) & 3 (b) above will be considered and

paid for.

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d) The minimum density for bituminous macadam work shall not be less than 95% of

that obtained by job mix formula and deviation of actual density in field, from

density achieve by job mix formula will be as per the acceptance criteria laid done

as per MORT & II specification.

However, the density of B.M shall not be less than 2.2, in any case, stretches of the

work for which less density is achieved will be rejected. Minimum one density test

will be carried out for 250 Sqm Area for BM work.

The Bitumen contents of bituminous macadam work will be between 3.3 to

3.5% by weight of the total mix. If the bitumen content is found less than 3.3% of

the total bituminous macadam, then the work will be rejected straight way. It is

further clarified that no extra payment over and above that rate quoted by the

agency for this item of work will be made on account of bitumen if required to be

used beyond 3.3% as per job mix formula submitted by agency and approved by

the Engineer-in-Charge.

Hot mix plant will be so located, (subject to the approval of the

Engineer-in-Charge) involving such lead in transportation of the mix so as to avoid

its segregation and temperature drop.

The construction of subsequent layer of same or other material over the

finished layer shall be done after obtaining written permission from the Engineer-

in-Charge. Similar written permission from the Engineer-in-charge shall be

obtained in respect of all other item of work prior to proceeding with the next stage

of construction.


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G E N E R A L C O N D I T I O N

1. Wherever in the description of the item in the bill of the quantities the specification clause No of MORT&H is missing the same shall be carried out strictly in accordance with the MORT&H (Road wing) specification (5th revision) of 2001.

2. The contractor shall clear the site of work simultaneously as the work proceeds

failing which the same shall be got cleared by the Engineer-in-charge at the risk and cost of the contractor.

3. Collection of material at site for the proper execution of work as per specification

shall include all leads and lifts. The percentage rates quoted by the contractor shall hold good irrespective of the quarry/sources from which materials are brought so long it conform to the specification. Closure/change of any quarry/source shall not entitle the contractor to claim any revision in rates.

4. The contractor shall store all materials in proper manner so as the avoid

contamination, deterioration and any accidents. He shall not store or keep any material tools and plants in public through fares except for such as per required for immediate use on the work. The place at site, where materials are to be stored shall be subject to the approval of the Engineer-in-charge. At the places where the materials are stored by the contractor he will take his own arrangements to clear the place within such time as may be instructed by the Engineer-in-charge or the same be got clear by the Engineer-in-charge at the risk and cost of the contractor.

5. No compensation for any damage caused the work /materials by rain flood or other

natural calamities shall be paid to the contractor. The contractor shall make good all such damages at own his cost as per directions of the Engineer-in-charge.

6. The contractor shall obtain prior approval of the Engineer-in-charge before

installation of water and power system, electrical and mechanical equipment and plants and all temporary construction etc at site of work. On completion of work, the contractor shall made good the ground at his own cost as per directions of the Engineer-in-charge, failing which the same shall be made good by the Engineer-in-charge at the risk and cost of the contractor.

7. The contractor shall make his own arrangement for obtaining electrical connection,

if required and make necessary payment directly to the department concerned.

8. The contractor shall not occupy by his operation more than ½ of the width of any road or street. However, in special conditions, the contractor shall obtain the consent of the Engineer-in-charge in writing before closing any road for vehicular traffic and foot path shall be kept clear at all times. The contractor shall make all the precaution to avoid any accidents and for proper guidance of the traffic by providing necessary barriers, reflective cautionary sign/ signal, speed limit board, red and green lags, electric light focus type at night, which sufficient number of chowkidars and other measures while work is in progress or blocking the road wherever otherwise necessary. The material and the machinery shall be stocked/placed at the site of work in such a way that there will be no obstruction to traffic and inconvenience to public. No claim shall be entertained on account of

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such fault arrangement made by the contractor. The contractor shall be fully responsible for all accidents caused by the negligence of such precaution. In case the contractor fails to comply with the afore said arrangements the same shall be made by the Engineer-in-charge at the risk and cost of the contractor.

9. If directed by the Engineer-in-charge in writing the work shall be done during night time for which noting extra shall be paid to the contractor.

10. The contractor shall make arrangement at his own cost for the least two number of

modern leveling instruments (wild type) for the purpose of carrying leveling operation failing which the same shall be arranged by the Engineer-in-charge at his risk and cost.

11. No work should be done in the absence of the contractor or his authorized

representatives. A technician and surveyor will be provided/ made available for all working time by the contractor for carrying out quality control tests and surveying. Nothing extra will be poid on this account.

12. Nothing will be paid for unforseen delays on account of non-availability of any

kind of material or drawing and design.

13. The contractor will be responsible for setting out the work, establishing benchmark, centre line etc will be carry out all such works at his own cost.

14. Before start of the work, the contractor shall submit the program of execution of

work, get it approved from the Engineer-in-charge and strictly adhere to the same for timely completion of the project.

15. The contractor shall have to make approaches to the site, if so required and keep

them in good condition for transportation of labour and material as well as inspection of work by Engineer-in-charge. Nothing extra shall be paid on this account.

16. The contractor shall bear all incidental charges for cartage storage and safe custody

of materials issued to him by the department if any or his own material.

17. The rate quoted by the agency/ contractor shall include the entire cost of royalty. Municipal Tax, forest or an other tax whether local or state or central or any other taxes, direct or indirect including all loading, unloading, carriage on kacha/pacca bed or road and stacking including all labour supply of material at the designation and nothing extra shall be paid. The contractor shall quote his accordingly.

18. The contractor will arrange and use its own all type of machinery and T&P

incidental to all operation for the work. The rate to be quoted should be inclusive of the same.

19. The stacking will be done at hot mix plant site for various of material in the

sequence as approved by the Engineer-in-charge, which will have tobe maintained.

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20. The contractor shall remove all bitumen spots on kerbs and channels and all heaps of wasted mix from gulley grating bell mouth and other installation at the end of the day work, failing which the same shall be done at his risk and cost.

21. In case of important roads where the intensity of traffic is high, the contractor shall,

if instructed by the Engineer-in-Change restrict the work to non peak period as determined by the Engineer-in-charge. No claim/compensation on account of the same shall be entertained.

22. Collection of material should be so planned that it is commensurate with physical

progress.

23. The quality control for road work and materials will be exercised as per section 900 of MORT&H specification (5th revision) 2001 and for determining the quality of bitumen used by extraction method as per procedure laid for doing such tests by IRC the frequency of sampling will be:- a) MSS/Pre Mix carpet:- One test per 50 meter cube and not less than two

tests per day. b) BM:- One test per 100 meter cube and not less than two tests per day.

24. At the time of starts of work, the contractor shall get a sample work done in

presence of Engineer-in-charge who shall fix up the degree of compaction consolidation required for a particular item of work and conduct suitable tests at regular intervals to determine how far the work done approaches the desired limit. In case tests reveal any deficiency the contractor shall make good the same without extra payment or work will be rejected if not according to required specification.

25. The contractor shall progress on different parts simultaneously to ensure

completion of the road so that minimum breakage and repairs are involved.

26. To arrive at the desired grading of materials for BM, the exact quantities of

material of different gauges shall be determined and stacked on the basis of laboratory tests from time to time. The extra payment on this account would not be admissible.

27. To ensure quality of intermediate fraction, tests check may be carried out on

sample taken from materials. In case that is not found according to specification the work may be rejected. However, the Engineer-in-charge if considered if expedient and in the interest of work, he may ask the contractor of supply the missing fraction up to quantity as determined by him separately free of cost.

28. Before tendering the tender shall inspect the site of work and shall fully

acquaint/satisfy himself about the condition with regard to site, nature of soil, availability of material, suitable location for construction of godowns stores and labour huts, the extent of lead and lifts is involved in the work (over the entire duration of contract) including local conditions, traffic restriction, obstructions and other conditions as required for a satisfactory execution of work. His rate should take in to consideration all such factors and contingencies. No claim what so ever shall be entertained by the department on this account.

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29. Whether and seasonal limitation:- The work of laying shall not be taken up during

rainy or foggy weather or when base course is damp or set or during dust storm or when atmosphere temperature is 100 C or less at site of work of particular reach.

30. The rate quote should include hire charges of land or purchase of land for

installation of Hot Mix plant etc.

31. Only actual quantities of work completed and accepted by the Engineer-in-charge shall be paid for if any damage in done by the contractor to any existing work during the course of execution of the work this shall have to be made good by him at his own cost.

32. Samples will be got tested from CRRI or any other approved test house, Sample

will be given by the agency free of cost and testing charges will be borne by the agency.

33. Before start of the work contractor will get his machinery inspected and approved

from the Engineer-in-charge of work. 34. Bitumen:- The bitumen shall be arranged by the contractor himself.

a) Bitumen for bituminous macadam shall be paving bitumen of penetration Grade-S-65 or A-65 (60/70) as per IS specification of “Paving bitumen” IS-73. For BUSG Pre-mix and tack coat bitumen with penetration grade 80/100 as per IS : 73 will be used.

b) Bitumen will be arranged by the contractual agency , who will have to produce original vouches for all quantities in lieu of purchase of bitumen from the original, manufacturer or other authorized dealers/ distributors to the satisfaction of the Engineer-in-change for ascertaining the genuineness of material. Attested copy of voucher will have to be submitted alongwith bills. Executive Engineer (in charge of work) will himself attested the copy of the bill / voucher and will also put a stamp on the original bill indicating that this bill has been considered by HUDA for work of … ……………………………………….. the authenticity of bill/vouchers shall be the entire responsibility of contractual agency.

c) Test report from the refinery regarding the lot of bitumen supplied to the contractual agency will be submitted by the agency. The bitumen will also be got tested from reputed lab. Samples of bitumen will be given free of cost by the contractor and all the testing charge will be borne by him.

d) Unloading of bitumen at plant site will be gone in the presence of representative of Engineer-in-charge. The day to day receipt and issue account of bitumen shall be maintained by the agency at his authorized plant site.

35. The following record of mix will be maintained at plant & site:- At plant & weight bridge:-

1) Tipper No. 2) Time of Departure 3) Type of material 4) a) Weight of empty tipper.

b) Weight of loaded tipper. c) Weight of material/ Mix

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d) Temperature at time of departure. e) Remarks.

At site:- a) Tipper No. b) Time of arrival c) Temperature at time of arrival d) Approximate area of the road covered on Road No……..

36. At least one authorized representative of the contractor should always be available at site of work to take instructions from department officers and ensure proper execution of work is done in the absence of the contractor. Separate site order book will be maintained at plant and at site of work. Any instruction given in site order book will have the same bearing as if, it is given to contractor in person.

37. The contractor shall be required to produce samples of all materials sufficiently in advance to obtain approval of the Engineer-in-change. Subsequently the material to be used in the actual execution of work shall strictly confirm to be quality of the samples approved in case of variation such material such be liable to be rejected.

38. The agency shall provide suitable measuring arrangement at the site for checking of various material supplied by him.


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Q U A L I T Y C O N T R O L

1. a) Identity defect:- The Engineer-in-charge shall check the contractor’s work and notify the contractor any defects that are found. Such checking shall not relieve the contractor/ contractors responsibility. The Engineer-in-charge may instruct the contractor to search for defect and to uncover and test any work that the Engineer-in-charge or his authorized representative considers may have a defect.

b) Correction of defects:- The Engineer-in-charge shall given notice to the

contractor of any defects before the end of defects liability period /maintenance which begins at completion as per definition. The defect liability period/maintenance shall be extended as long as defects remain to be correct. Every time notice of a defect is given, the contractor shall correct the notified defect within the limit of time specified by the Engineer-in-charge’s notice. If the contractor has not corrected a defect within the time specified in Engineer-in-charge notice the Engineer-in-charge will assess the cost of having the defect corrected and the contractor will pay the amount.

c) The contractor shall have to provide a field laboratory fully equipped at

work site and at hot mix plant for conducting all the relevant tests mentioned in the MORT&H specification subject to the approval of the Engineer-in-charge or his representative. The record of such tests is to be maintained in proper register duly signed by the contractor on his representative, which will become the property of Deptt. the contractor will bear all the running expenses for conducting such tests. All the tests will be carried in the presence of the Engineer-in-charge or his authorized representative. All the entire are to be signed by the contractor and such authorized representative of Engineer-in-charge.

2. The quality control tests will be got done by departmental and the material for

such tests will be supplied by the contractor free of cost. In case the material is not fond up the requirement the same will be rejected, cost of such tests will be borne by contractor.

3. Various quality control operations will be maintained as per clause No. 901,

902, 903 of MORT&H (Road wing) specification (4th revision) of 2001/ latest edition.

4. Contractor shall provide suitable measuring arrangement and leveling

instruments of latest quality approved by Engineer-in-charge at the site of work.

5. No extra payment on account of quality control measures shall be paid to the contractor.

6. The Engineer-in-charge at his discretion can get any type and nos of tests

carried out from any other approved laboratory for his satisfaction for which all the expenses incurred would be borne by the agency. The result so obtained from the laboratory would be acceptable/ binding to the agency.

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7. Work will also be open to third party inspection also.


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M A I N T E N A N C E O F R O A D

a) The contractor will be maintain the road for period of one year from date of

completion of road. Maintenance will include repair of any potholes or depression

which will be done by contractor at his own cost. The contractor will be bound to

repair road cuts also for which he will be paid for and the contractor will be repair

the road cut if any during mtc. period. The contractor will be paid @ Rs. 425/- per

sqm and bitumen will be issued free of cost to contractor. The contractor will be

bound to repair the road cut within 2 days from its occurrence. The road cut will be

repaired by filling Jamuna sand in trenches, with three layers metal having

compacted 9” thickness and 75mm thick BUSG 25mm thick premix carpet with

seal coat type-B proper compaction with suitable capacity of roller to entire

satisfaction of the Engineer-in-change. The bitumen issued for restoration of road

cuts shall be 6.75 kg/sqm.

b) If the contractor/agency fails to repair the road cut within two days of its

occurrence then penalty amounting to Rs. 500/- per cut per day will be levied on

the contractor.

c) If the contractor fails to remain the roads & road berms within two days of its

occurrence then penalty amounting to Rs. 2000/- per day will be levied on the

contractor.

d) The contractor/agency will have to arrange the related material and required

machinery for the repair of pot holes and depression during the mtc. period at his

own cost. Nothing extra will be paid on this account.

e) Security amount deducted under Clause-I of agreement will be 5% of gross amount

of work. The Security amount will be refunded after successful completion of the

mtc. period of one year.


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A D D IT I O N A L T E C H N IC A L C O N D IT I O N

1. The hot mix plant for mixing coarse aggregate filler and binder etc for providing premix carpet and seal coat surfacing type-B will be installed by the agency at his own cost.

2. The rolling will be considered inadequate if the result of the density is less than 2.1 with the tolerance of 2%.

3. Material such as aggregate etc shall confirm to lates M.O.R.T & H specification and

provision till date of tenders. Supplemented by the Haryana/ PWD specification edition as applicable of Haryana State upto date correction etc where M.O.R.T & H specification is silent.

4. Testing will be got done by the department at the cost of contractor. However the

contractor will supply the material for testing free of cost. In case the material is not found upto the mark as per requirement the same will be required.

5. Royalty of the prevalent rate shall have to be paid by the contractor on all the material

such as stone metal single sand bajri etc collected by him for execution of the work direct to the Revenue authorities to the State/Cnetral Govt.

6. Only actual quantities of work completed and accepted by the Engineer-in-charge. 7. Nothing extra shall be paid for making and maintenance of services road required for

the transportation of the material. 8. Noting shall be paid for any type of jungle clearance, where the tenderer may have to

carry out. 9. If any damage is done by the contractor to any existing work during the course of

execution of the work, this shall have to be made good him at his own. 10. Rates:- Rate include the cost of all material including bitumen wastage, temporary,

work hire and operational charges of plant and machinery, conducting or getting conduct the tests getting up maintaining and operating field laboratory etc leveling the road surfaces over head charges and prefer as well as general liabilities obligations and risk arising out of the conditions of conduct making arrangements for traffic and carring out of the work on part widths at night or during non peak hours etc complete as per specifications.

11. mode of measurement for premix carpet with seal coat

i) The mixed material shall be weighed and entered in the M.B. ii) The bitumen mix left consolidated and finished shall be measured in terms of

length and breadth while the thickness shall be measured at various points to the satisfaction of the Engineer-in-charge at arrive at the cubic contents.

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iii) The density shall also be checked at various points by sand displacement method to the satisfaction of Engineer-in-charge. The cubic contents and the density shall determine the weight of the material used.

The area the thickness and the density so measured shall also be entered in the M.B. The contractor shall be paid for the minimum of the two quantities, so weighed and measured i.e mix of quantities measured as per method (1) and (2) above premix carpet surfacing ‘B’ type. The shall be measured for length breadth and thickness after the material as laid compacted and finished.

12. Material collected in the excess shall not he paid for and the same will be

removed from the site of work if the same is not removed within 1 month from the date of final measurement the same shall become the property of HUDA.

13. No over gauge material will be accepted by the department in case.

14. Stacking shall be commenced from the furthest end from source supply and

proceed continuously.

15. If the contractor bring the material vis stone metal, grit screening and stone dust earth etc from any other source/ quarry located at the forthest distance than the quarry mentioned in the description of that the quarry mentioned in the description of that item nothing extra shall be payable the contractor. In case the contractor being the said material from any other nearer source/ quarry than the source/ quarry mentioned in the description of that time deduction of account of less distance covered shall be effected from the contractor at ceiling rates.

16. Road roller for item No. 2,3,4,5,6,7,8 of NIT shall be arranged by the

contractor out of his own sources. The maximum progress achieved per 8 hours per day from the road roller shall be restricted as under:- (i). For preparation of sub grade (Item No. 2) of NIT 1860 sqm 8 hours

working per day. (ii). For preparation of granular sub base item (Item No. 3) of NIT 51 cum 8

hours working per day. (iii). For preparation of soiling coat as per WBM specification (Item No. 4)

of NIT 51 cum per 8 hours working per day. (iv). For preparation of wearing coat as per WBM specification (Item No. 5)

of NIT 45 cum as per 8 hours working per day. (v) For consolidation of tarring coat (Item No. 6) of NIT 900 sqm per 8

hours per day. (vi) For consolidation of 50mm BM (Item No.7) of DNIT 18 MT as per 8

hours working per day. (iv) For consolidation of 20mm thick premix carpet (item No. 8) of NIT 520

sqm and for seal coat1300 sqm for in case of seal coat per 8 hours working per day.

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In case it is found that the progress as achieved is more than the hours prescribed above the work shall be rejected and got re-done from the contractor. In case of failure of the contractor to carry out the direction of the Engineer-in-charge in this regard the work shall be got done departmentally at the risk and the cost of the contractor + 14% departmental charges.

17. Sale tax, income tax along-with surcharge and Labour Welfare Cess will be deducted from the contractor on gross amount as per Govt. instruction.

18. The third party inspection of work will be got done from reputed institution

consultant at the cost of department before releasing the running payment final payment.

19. The tender will be issued to those contractor who have executed at least single

worth Rs. 286.00 Lacs or two work worth Rs. 167.00 lacs each of circular nature during last five years.


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ADDITIONAL CONDITIONS FOR CARRYING OUT BITUMINOUS ROAD WORKS:- That the rate of bitumen/ emulsion at the refinery on the date of receipt of

tender shall be considered as base rate. If during execution of works, the rate of bitumen/

emulsion increases or decreases at refinery, the difference in cost shall be paid/ recouped from

the contractor in the bill subject to the following conditions:-

1. The bitumen/ emulsion will be arranged by the contractor from approved refinery

only.

2. The contractor shall submit original bill/ voucher of the refinery while claiming the payment for the work done. The bill/ voucher should pertain to the period of original contractual time limit and should correspond with the progress of work. No extra payment due to increase in rate of bitumen/ emulsion will be paid if the original bill/vouchers are not submitted by the agency no increase in process of the bitumen/ emulsion shall be reimbursed to the contractor beyond the original time period allowed for construction as per contract agreement irrespective of extension of time limit granted to the agency for any reason what so ever.

3. After approval of tender the contractor shall submit the work programme for

execution of work and get it approved from the Engineer-in-Charge in the time limit prescribed in the tender documents. The increase in rates of bitumen/ emulsion shall only by paid if the bituminous work is carried out within the prescribed period as per the approved work programme.

Important Note:- The difference in rate of bitumen shall be paid only after obtaining approval from

Superintending Engineer, HUDA, Circle, Hisar.

The basic rate at the time of receipt of tenders will be conveyed by Executive Engineer

concerned in the allotment.


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Sub: - Special terms and conditions for maintenance of roads.

1. The contractor will be fully responsible for the quality and workmanship of the

work executed by him. The liability on account of shortcomings in executed items

found by any investigation agency during the defects liability period shall be borne

by the contractor.

2. The contractor shall do the routine maintenance of roads to the required standards

in the manners as per Haryana PWD, MORT & H specifications latest edition,

DNIT, agreement conditions and keep the whole roads in defect free conditions

during entire maintenance period including defective liability period.

3. The routine maintenance standards shall meet the following minimum requirements

to the entire satisfaction of Engineer-in-Charge.

i) Minor patch work/repair work/Defective works to be rectified within 2 days after

the defect appear or brought to his notice either during contractor’s monthly

inspection or by the Engineer-in-charge. Major repair will be done by the

contractor within reasonable time period as agreed mutually between the contractor

and Executive Engineer. In case mutual agreement could not be achieved, decision

of Engineer-in-charge regarding the time period in which repair is to be completed,

will be final and binding upon contractor/agency.

ii) The agency shall make good other items/works/road berms damaged during the

work done by him and bring the same in original conditions.

iii) He shall maintain a register at site office for recording the defects, damages,

shortcoming noticed by users/officers/official and set right the same immediately,

other wise penalty @ Rs. 500/- per day subject to the maximum of 10% of

maintenance amount will be imposed by the Engineer-in-Charge & the decision of

Engineer-in-charge shall be final.

4. To fulfill the objectives, the contractor shall undertake detailed inspection of the

road at least once in a month. The Engineer-in-charge can increase this frequency

in case of emergency. The contractor shall forward to the Engineer-in-Charge the

record of inspection and rectification every month. The contractor shall pay special

attention on the maintenance of roads during rains and rainy season and shall

ensure that no rainy water stands on road portion.

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5. The Engineer-in-Charge may issue notice to the contractor to carry out

maintenance of defects, if any, noticed in his inspection, or brought to his notice.

The contractor shall remove the defects within the period specified in the notice

and compliance report be submitted to the Engineer-in-charge. However not issue

of notice will not absolve the contractor from his responsibility.

6. In case the contractor fails to make good the defects, within reasonable time period

the Engineer-in-Charge may engage any other person to make good such defects

and all expenses consequent and incidental there to shall be borne by the

contractor.

7. The contract/defect liability period shall not be considered as completed until a

satisfactory maintenance certificate has been signed by the Executive Engineer.

8. The work shall be carried out as per the instructions of Engineer-in-Charge of his

representative.

9. The contractor shall be fully responsible to keep the road surface in perfect riding

condition.

10. The firm shall provide complaint attendant/Beldars and supervisory staff/for

attending day to day complaint/repair works.

11. In the event, HUDA decides to withdraw the maintenance contract on valid reasons

before the completion of the contract maintenance period one month notice in

writing will be given by Engineer-in-charge to contractor. HUDA will not be liable

to pay any compensation or any such amount in event of such termination of

maintenance contract.

12. HUDA will not be responsible for any other Taxes/charges/liable by the

Government/Municipal Council etc from time to time.

13. Payment will be made quarterly in proportionate to maintenance amount applicable

amount for the year on the production of bill by the contractor.

14. Contractor is required to maintain all mandatory precaution including display of

sign boards barricading etc during execution of work, and he is fully responsible

for any loss/compensation in case of accident/mis-happening at the site of work.


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Name of work:

Construction of internal roads in sector – 9 (P), Dadri. "Supply & laying of earth, granular sub base, stone metal up-to WBM, 50 mm thick B.M. on master road with 20 mm thick premix carpet by mechanical paver, providing & fixing of cement concrete kerb & channel along road and all other works contingent thereto". (including with three years maintenance free of cost)

A/Cost Rs. 476.70 Lacs

ABSTRACT OF COST

Sr. No. HSR Item Basic Cost C.P Amount due to C.P

Total Cost

1 App. Item 18026839.00 0% 0.00 18026839.00 2 24.1 37096.00 370% 137255.00 174351.00 3 App. Item 6578179.00 0% 0.00 6578179.00 4 App. Item 2104556.00 0% 0.00 2104556.00 5 App. Item(i) 2196844.00 0% 0.00 2196844.00 (ii) 2196844.00 0% 0.00 2196844.00

6 App. Item 2228970.00 0% 0.00 2228970.00 7 App. Item 5288150.00 0% 0.00 5288150.00 8 App. Item 6375580.00 0% 0.00 6375580.00 9 10.77 278038.00 450% 1251171.00 1529209.00

10 10.78 151722.00 450% 682749.00 834471.00 11 6.6 2438.00 425% 10362.00 12800.00 12 15.73 19006.00 500% 95030.00 114036.00

45484262.00 2176567.00 47660829.00

Say Rs. 476.70 Lacs

EXECUTIVE ENGINEER HUDA DIVISION NO. I, HISAR

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EE PRESS NOTICE HARYANA URBAN DEVELOPMENT...

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